NRM’s Hajji Kiyimba’s vote recount case dismissed.

By Peter Ssebulime

29^th January 2021

The high court in Masaka has dismissed an application for a vote recount submitted by Hajj Abdul Kiyimba, the National Resistance Movement candidate in the Bukoto South Parliamentary race.

Kiyimba had challenged the outcome of the January 14 Parliamentary polls stating that they were affected by numerical errors which cost him a well-deserved victory. According to the Electoral Commission, Kiyimba polled 6,684 votes, to finish the race behind the NUP candidate Twaha Kagabo who scored 8,883.

He, however, challenged the result and ran to Masaka Chief Magistrate’s Court seeking for a vote recount. But this was rejected the application over lack of substantial evidence to defend the case.

Kiyimba through his lawyer, Geoffrey Kandeebe Ntambirweki appealed to the High Court, arguing that the Chief Magistrate did not properly evaluate his evidence. In his statement of the plaint, Kiyimba alleges that his agents were obstructed from clearly seeing the election results, at several polling stations, due to deliberate commotion created by his opponents.

He also contends that at many polling stations; vote counting was done at night and that the Presiding Officers altered the results in favour of the NUP candidate thereby carrying forward numerical errors that affected the final poll results.

However, Twaha Kagabo, through his lawyer Sam Ssekyewa successfully challenged the appellant’s arguments before moving court to dismiss the application.  The respondent presented before the court the fully signed copies of results Declaration Forms obtained from Electoral Commission, indicating that the applicant had indeed lost the election.

Ssekyewa asked the court that there was no need to grant an application that was earlier dismissed by the Magistrate over insufficient evidence.

Masaka High Court Judge Victoria Nakintu Katama accordingly ruled that the application did not have merit after the applicant failed to adduce substantial proof of the alleged irregularities. Upon evaluating all the Declaration of Results forms from all polling stations and the official Electoral Commission’s tally sheet, the court dismissed the application and accordingly awarded costs to the defendant.