According to Justice Asiimwe, Komakech wrongly addressed his resignation to the Executive Director of Butabika Hospital instead of addressing to the Permanent Secretary Health Service Commission by the fact that he is a pensionable public servant, as in accordance to the Public Service Standing Order.
Odonga Otto Challenged the Nomination of his rival Charles Komakech
Justice Asiimwe Tadeo, the Gulu High Court Judge has ordered for
fresh election in Aruu South County.
This follows an election petition filed by Samuel Odonga Otto, the former Aruu
County Member of Parliament challenging the nomination of his rival Charles
Komakech. In his petition, Otto said that Komakech did not resign from his
position as a Psychiatrist Nurse at Butabika National Referral Hospital.
In his ruling on Friday, Justice Asiimwe said that Komakech wrongly addressed his
resignation to the Executive Director of Butabika Hospital instead of the
Permanent Secretary Health Service Commission since he was a pensionable public
servant, as per the Public Service Standing Order.
Asiimwe said that by addressing the resignation letter to the wrong authority,
Komakech is good as a public servant who did not resign.
Asiimwe ordered the Election Commission to carry out a fresh
election for the constituency. He also advised Komakech to follow the right
procedure of resigning before he could join the race.
Justice Asiimwe however rejected Odonga’s two requests of court declaring
him as the duly elected Member of Parliament of Aruu South County and Komakech paying costs.
Odonga lost to Komakech in the January 14th Parliamentary Elections. He got
6,199 votes while Komakech garnered 9,796 votes. The race attracted a total of
other five contestants in Aruu County MP race are Helen Acheng of the NRM who
got 2,892 votes, Charles Ochora of NUP with 300 votes. Others are Justine Odong
of FDC, Denise Godwin Okello of DP and Livingstone David Odong with 164, 150
and 70 votes respectively.