Mwiru blames Museveni for poll petition loss, to appeal

According to Mr Mwiru, the EC allegedly connived with Mr Nabeta to exaggerate the results at Masese I Polling Station (N-M) by reportedly using violence and subsequently falsifying the results, thereby affecting the final outcome in a substantial manner.

However, the presiding Jinja High Court Judge, Justice Isa Sserunkuma, dismissed the petition with costs citing lack of evidence.

Immediately after the ruling, Mr Mwiru said: “When I came to Court, we heard all this that the President gave an order that no judicial officer should decide a matter in favour of the Opposition. I told you we have been hearing all this that there is an order to fail all these matters.”

Mr Mwiru told the Judiciary that it was their choice to either to circumvent all Opposition political petitions as it were ordered by the President or to show that they respect judicial power which is derived from the people.

However, Lindah Nabusayi Wamboka, the Senior Presidential Press Secretary, described Mr Mwiru’s allegations as “drama”.

“First of all, Mwiru should revise his facts. Isabirye of Bunya South is an NRM, he lost, Joel Ssenyonyi is NUP but he won. Mwiru failed to present his evidence in Court and was thrown out. Let him embrace his loss in peace or appeal. Mr Museveni is busy implementing his mandate to the people and has no time for this drama,” she said.

Mr Jameson Karemani, the Judiciary Public Relations Officer, didn’t pick up our repeated phone calls or respond to the text messages that were sent to him.

Mr Emmanuel Dombo, the NRM director of communication, described the allegations as “strange”.

“Almost all NRM petitioners who took the Opposition to Court have lost and they have been directed to pay costs; how come the President couldn’t give the same directive to these Courts if we are to believe Hon Mwiru’s allegations?” he asked.

Adding: “Even last time when he won in Court Mr Museveni was still the President and he didn’t interfere. The only thing which changed is the facts where I think his lawyer is best suited to advise him.”

Mr Dombo has advised Mr Mwiru to appeal the High Court ruling at the Court of Appeal, but warns of “consequences” if he loses.

The issue

Mr Mwiru, through his lawyers, had alleged that the declaration of Mr Nabeta as winner was based on falsified results of Masese I Polling Station (N-M).

According to them, it was impossible for the 678 voters to cast their vote between mid-day and 5pm for the directly-elected MPs as it was alleged.

“It would mean each voter had less than a minute to line up, check his/her name in the register, be given three ballot papers, tick, fold and put them in the ballot box - all in 44 seconds,” they submitted.

Mr Mwiru’s legal team further alleged that armed men stormed the Polling Station and forced two of his agents to append signatures on the fake Declaration of Results (DR) forms at gunpoint.

But after the ruling, Mr Igeme’s lawyer, Mr Ahmed Kalule, said the issues that had been raised by Mr Mwiru’s legal team worked against their client.

“First was that the DR form for this constituency was forged yet the DR form that Hon Mwiru brought to Court, he admitted that it had been signed by his agents and his presiding officer.

“Secondly, he alleged that security had invaded the Polling Station and forced the agents to sign the DR forms and also the presiding officer; but the Court told him that there was no such evidence of coercion of anybody and that the DR form of that polling station was freely signed by the candidates who were available and the presiding officer,” Mr Kalule said.

He added: “Mwiru further alleged that the result from polling station N-M was tallied in his absence, but the Court asked him why he wasn’t absent and he gave no explanation; the law doesn’t require that each candidate and agent must be at the tally centre.”

Despite having no confidence in the judiciary, Mr Mwiru said he is going to take his petition to the last appellant Court.

Mr Mwiru’s past three petitions against Mr Nabeta were all lost at Jinja High Court before being overturned by the Court of Appeal.

This petition brings to four the number of times Mr Mwiru has dragged Mr Nabeta to Court, but most outstanding about this petition is that it was the first time Mr Nabeta’s alleged lack of requisite academic papers to stand for MP was left out.

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