Masaka High Court has dismissed an election petition filed by Nakeeya Hellen challenging the victory of Kalungu District Woman Member of Parliament and Minister of State for Water and Environment, Hon. Aisha Sekindi, ruling that the proved electoral irregularities did not affect the final election result in a substantial manner.
Presiding Judge Hon. Justice Bernard Namanya held that while grave acts of violence occurred during the electoral period including the tragic killing of two of Nakeeya’s supporters were not sufficient under the law to overturn the final outcome, particularly in light of the wide vote margin between the candidates.
Nakeeya Hellen, who ran on the NRM ticket, had petitioned the court to annul the election results, alleging widespread violence, agent intimidation, pre-marked dummy ballot papers, and voter bribery. She particularly pointed to a fatal midnight shooting on the eve of the election, where her supporters Katumba Gerald and Muyingo Frank were killed by a police guard assigned to her rival.
In his analysis, Justice Namanya acknowledged that the petitioner successfully proved that severe irregularities occurred, including the fatal shootings, the assault of polling agents, and malicious damage to campaign vehicles.
However, applying the legal substantiality test under Section 80 of the Parliamentary Elections Act, the judge held that an election can only be set aside if the proven irregularities affected the final result in a substantial manner.
Justice Namanya noted that the wide margin of 20,275 votes between winner Aisha Sekindi who polled 25,773 votes and Nakeeya Hellen who polled 5,498 votes was a deciding factor. The court held that the petitioner failed to demonstrate that enough voters were disenfranchised to bridge or overcome that gap.
The judge further ruled that the evidence failed to prove that the fatal shooting, violence, or alleged bribery were committed by Aisha Sekindi personally, or by agents acting with her direct knowledge, consent, or approval.
Despite upholding the election, Justice Namanya strongly criticized the Electoral Commission for failing in its statutory duty to ensure a peaceful voting environment, questioning why the commission did not take timely action or consider postponing the poll following the fatal shootings.
In his final verdict, Justice Namanya dismissed the petition and rejected the prayer for a fresh election. However, owing to the grave violence that marked the electoral process, the judge ordered that each party bear its own legal costs.
By Nashumbusha Joshua.
