Court orders Electoral Commission to pay Shs27m to NUP’s Natukunda
Innocent Natukunda Bitardio, who was the opposition NUP party flagbearer in the 2021 Mwenge North parliamentary election.
What you need to know:
- Speaking to Monitor after the ruling, Innocent Natukunda Bitardio expressed satisfaction with the judgment.
The Kyenjojo District magistrate’s court has ordered the Electoral Commission (EC) to pay Shs27, 180,000 to former opposition National Unity Platform (NUP) party candidate Innocent Natukunda Bitardio for negligence leading to cancellation of a parliamentary election in 2021.
Chief Magistrate Gloria Nimungu Ociba’s Friday ruling followed a case in which Natukunda challenged the postponement of the Mwenge North vote from January 14, 2021 to January 25, 2021 after the EC found that the polling materials it delivered in the onstituency contained ballot papers with symbols that did not match the candidates.
Natukunda, who was the NUP flag bearer, subsequently through his lawyers led by Vincent Mugisa and other advocates of M/S Kensiime and Co. Advocates filed suit against EC, seeking compensation for electoral losses.
In her ruling, Nimungu held that the defendant (EC) was under obligation to ensure that all voting materials, including ballot papers, were prepared correctly for the election.
Court held that the duty was breached when the defendant delivered ballot papers with mismatched symbols, leading to the cancellation on the original polling date.
"As a result, the plaintiff suffered a loss amounting to Shs 27,180,000. I therefore find that, on a balance of probabilities, the plaintiff has proved the case of negligence on the part of the defendant," the judgment reads in part.
The judgment further noted that the plaintiff had, by the polling date, already incurred costs, including payments to 363 polling agents, 51 supervisors at the parish level, and 11 supervisors at the county level, totaling Shs27, 180,000.
Nimungu declared that the defendant was negligent and awarded the plaintiff an interest of 8% per annum on the Shs27, 180,000 until full payment. Court also awarded the complainants the costs of the suit.
The chief magistrate emphasized that the aggrieved party has the right to appeal the court's orders within 14 days.
Speaking to Monitor after the ruling, Natukunda expressed satisfaction with the judgment.
"I welcome this judgment. I am now waiting for the Electoral Commission. If they do not appeal within 14 days, I will expect my payment. I will also consult with my lawyers regarding the costs that the court ordered the Electoral Commission to pay," Natukunda added.
Natukunda underperformed in the rescheduled parliamentary election, obtaining 127 votes.
