The High Court of Uganda has overturned the results of the 2021 Makindye East II District Councillor election, declaring Yasini Omari Assini the rightful winner.
This decision comes after Assini filed an appeal challenging the Electoral Commission and Wafula Ivan, who was initially declared the victor.The election, held on January 25, 2021, saw Assini claim victory with 2,277 votes.
However, the Electoral Commission gazetted Wafula Ivan as the winner with an inflated tally of 3,602 votes. Assini alleged electoral malpractice, including falsification of results and illegal practices such as offering bursaries during the campaign to sway voters.
In the judgment delivered by Hon. Justice Ssekaana Musa, the court found that Ivan's nomination was invalid due to false information provided under oath regarding his educational background.
The court ruled that Wafula's nomination form contained discrepancies and deliberate falsehoods that violated the electoral laws.Additionally, the court found that Wafula's actions during the campaign, particularly offering bursaries to potential voters through his foundation, amounted to illegal practices designed to influence the election outcome.
The court determined that this constituted a violation of the Local Governments Act, further disqualifying him from holding the office.
"The purity and sanctity of elections must be preserved, and acts that undermine the will of the people cannot be tolerated. Wafula Ivan's nomination was invalid, and his campaign conduct breached electoral laws," Justice Ssekaana stated in the ruling.
As a result, the court nullified Ivan's election and declared Yasini Omari Assini the validly elected District Councillor for Makindye East II.
The court awarded costs to Assini and ordered each party to bear its own costs with regard to the Electoral Commission.
This ruling sets a significant precedent in Uganda's election dispute cases, reaffirming the judiciary's role in safeguarding the integrity of the democratic process.
The court emphasized the importance of upholding the law, ensuring that electoral candidates provide accurate information, and deterring the use of illegal practices during campaigns.
