High Court Nullifies Buwekula South MP Election, Orders Fresh Poll

The High Court in Mubende has nullified the parliamentary election of Buwekula South Member of Parliament, Dedan Mubangizi, ordering a fresh poll following a petition that exposed deep flaws in the management of electoral materials.

In her ruling delivered on Friday, Acting High Court Judge Mary Babirye set aside Mr Mubangizi’s declaration and subsequent gazettement, officially declaring the constituency’s seat vacant. The judicial decision stems from a legal challenge brought by independent candidate Fred Tumwesigye, who contested the disputed outcome that initially favored Mubangizi following a court-supervised recount earlier in the year.

The dispute began after the Mubende District Returning Officer initially declared Mr Tumwesigye the winner. However, a subsequent recount ordered by the Chief Magistrate’s Court reversed those numbers, handing the victory to Mr Mubangizi. Unhappy with the shift, Mr Tumwesigye petitioned the High Court, pointing out severe irregularities including missing ballot papers, compromised tamper-proof envelopes, and unexplained drops in his vote tally.

Justice Babirye noted that the district returning officer failed to properly authenticate and safeguard the electoral materials, citing instances where ballot boxes lacked cast ballots despite records showing active voting. Furthermore, the court highlighted that the returning officer lacked a proper custody register and inventory for security seals.

While the court voided the election and ordered the Electoral Commission to organize a fresh poll, it declined to declare Mr Tumwesigye as the winner, stating that the missing records and flawed recount made a reliable final tally impossible. Additionally, the judge ordered the Registrar to forward the judgment records to the Director of Public Prosecutions to investigate the conduct of the returning officer. Mr Mubangizi, the Electoral Commission, and the returning officer were jointly ordered to pay the petition’s costs.

Read more details on the Daily Monitor.