By Sania Babirye
FDC’s Apollo Kantinti has lost his seat as MP for the Kyadondo East Constituency after the court of appeal three justices led by Richard Buteera’ Cheborion Balishaki and Paul Mugamba upheld high court judge Henry Kaweesa’s ruling that nullified his victory over noncompliance of the electoral laws on the side of the Electoral commission.
The justices ruled that the way EC conducted the elections substantially affected the result in a substantial manner on grounds that it was not clear on who won the Kyadondo East constituency election since results from 9 polling stations were not included in the final tally.
The justices further noted that over 5000 voters were de-enfranchised when their cast votes were not given the same weight like others in the final tally.
The court of Appeal has also ordered that fresh elections be conducted after declaring the seat vacant.
The court of appeal has also ordered that EC and Hon.Katinti pay costs to NRMs petitioner Sitende Sebalu.
In July 2016 High court judge Isabirye Kaweesa nullified Katinti’s election on ground that the Wakiso district returning officer Sarah Bukirwa did not comply with the electoral commission laws after declaration forms from seven polling stations went missing tan amounting to failure to protect voting materials that were in her custody.
This is after NRMs Sebalu filed an election petition contesting Kantinti’s election on grounds that the Electoral commission had conducted the said election in an improper manner.
However Hon.Katinti appealed the ruling on grounds that the trial judge did not evaluate properly all evidence that was brought before him when he cancelled his victory.