FDC To Defend Jinja High Court Ruling

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In short
Through her lawyer, Mohammad Mbabazi, Walube asked court to order for a fresh vote recount from all the 212 polling stations in the district, which was granted.

FDC says it will continue with an appeal filed by the Jinja District Woman MP challenging the nullification of her election victory despite the withdrawal of her rival Maureen Walube Kyalya from the suite.  In February 2011, Kyalya contested the Jinja District Woman MP seat on the FDC ticket but lost to Agnes Nabirye, the incumbent MP. Walube who polled 36,733 against her rivals 45, 406 votes rejected the poll results and petitioned court citing ballot stuffing.

 
Through her lawyer, Mohammad Mbabazi, Walube asked court to order for a fresh vote recount from all the 212 polling stations in the district, which was granted. However, only 211 out of the 212 ballot boxes were delivered for the vote recount exercise forcing Justice Angelina Flavia Senoga to suspend the exercise. In her ruling, Justice Angelina Flavia Senoga concurred with the applicant saying there were cases of electoral malpractices such as ballot stuffing and nullified the election of Nabirye.

 
 As a result, Nabirye petitioned the court of the appeal challenging the high court ruling. But last month, her rival Maureen Walube Kyalya withdrew from the appeal after she was appointed a presidential advisor on poverty alleviation in Busoga.  Her withdrawal from the case was greeted with excitement and celebration by NRM officials and supporters in Jinja. But Wafula Oguttu, the FDC spokesman says that the withdrawal of Kyalya from the case does not grant Nabirye an automatic ticket to stay in parliament.

 
Ogutu says that FDC has instructed its lawyers, Dan Wandera Ogalo, Abdu Katuntu and Paul Mwiru to apply and be included as respondents in the court of appeal case. He says that with or without Kyalya FDC will defend the high court ruling nullifying the election of Nabirye. Ogutu explains that Kyalya went to court on behalf of the FDC party which fronted her. Nabirye and her lawyers have not yet commented on the decision by FDC to proceed with the appeal, as they couldn’t be reached by URN.