The Court of Appeal has Friday (January 12, 2018) nullified the election of Jinja East Constituency MP Nathan Igeme Nabeeta and declared the parliamentary seat vacant.
This comes after Forum for Democratic Change (FDC)’s Paul Mwiru petitioned the High Court in Jinja protesting against the results of the February 2016 polls, where Nabeta was declared winner.
The court then threw Nabeeta out of Parlaiment and declared Mwiru the rightful elected MP for the constituency, citing that Nabeeta had interfered with poll results.
Nabeeta then ran to the Court of Appeal to appeal Jinja High Court’s ruling.
However Court of Appeal judges Steven Kavuma, Richard Butera and Paul Mugamba on Friday ruled that Nabeta was wrongly declared winner of the February 2016 polls, ordering that a fresh poll be held.
According to Court of Appeal, Electoral Commission failed to perform its duties at Danida A-D polling station when the tamper proof envelope was opened by another person, instead of their returning officer.
“This meant that the results were tampered with and cannot be relied on,” said Court of Appeal deputy registrar Tadeo Asiimwe while reading the judgment.
It was also ruled that the tamper proof enveloped was opened at a distance where Paul mwiru’s were not in position to clear witness that was going on.
“Nabeta was not validly elected Member of Parliament because we find the integrity of the results at Danida A-D community polling station in doubt,” Asiimwe read.