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Odo Tayebwa Appeals Against Election Petition Ruling

Tayebwa has appealed against the ruling raising 12 grounds. He contends that the learned trial Judge erred in law and fact when he struck out the visual audio evidence in support of the petition during the preliminary hearing.
26 Oct 2021 15:05
Derrick Kabuura being congratulated by his supporters after the ruing
The loser in the Bushenyi-Ishaka Municipality Parliamentary elections Odo Tayebwa has appealed against the dismissal of an election petition he had filed against the winner Derrick Kabuura.

In January, the Electoral Commission declared National Resistance Movement party Candidate Kabuura as the winner with 8,199 votes followed by Forum for Democratic Change's Tayebwa who obtained 5,898 votes in a race that attracted six contenders.

However, Tayebwa challenged his rival’s victory on grounds that he either directly or indirectly through his agents engaged in voter bribery and intimidation of voters on Election Day.

Court also heard that there was no compliance with the electoral laws and that Kabuura had defaced Tayebwa's campaign posters.

Last month, High Court Judge Moses Kazibwe Kawumi dismissed Tayebwa's petition saying that he had not proved to the satisfaction of the court all the allegations he had levied against Kabuura. He directed Tayebwa to pay costs to Kabuura and his lawyers and those of the Electoral Commission.

Tayebwa has now appealed against the ruling raising 12 grounds. He contends that the learned trial Judge erred in law and fact when he struck out the visual audio evidence in support of the petition during the preliminary hearing.

"The learned trial Judge erred in law and fact when during the preliminary hearing, he expunged the transcribed and translated versions of the visual audio evidence relied upon by the petitioner", reads the appeal.

Tayebwa also faults the learned trial Judge for having reportedly erred in law and fact when he found that Tayebwa ought to have availed to court other posters from other streets which were not defaced or at least a receipt from the printers for him to prove that his posters were defaced. “The learned trial Judge erred in law and fact when he found that without Tumusiime Geoffrey proving that he was a voter in the area and a Local Council I Chairperson his evidence on what he witnessed at Bunyarigi town during the campaign period could not be believed", adds the appeal.

According to Tayebwa, the Judge further erred when he imported into his judgement materials unnecessary to the evidence before him thereby handing down a decision that is being said to have resulted in a miscarriage of justice.

Justice Kazibwe is also being faulted for having reportedly misdirected himself on the statutory prohibition against giving of donations during the campaign period and muzzled it up with the electoral offence of bribery.

The court records by Tayebwa also indicate that Justice Kazibwe failed in his duty to evaluate the evidence before him and ended up reaching a wrong conclusion which Tayebwa notes that occasioned him a miscarriage of justice.

Through his lawyers of Kanduho and Company Advocates, Tayebwa now wants the Court of Appeal to set aside the orders of Justice Kazibwe, award him costs and grant all the reliefs he had sought in his petition.

Tayebwa's petition is among the 56 appeals so far filed before the Court of Appeal in Kampala arising from the just concluded 2021 general elections. They are pending a hearing before various panels of Judges of the Court of Appeal.

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