Court of Appeal has upheld the election of Henry Kamya Makumbi as the Member of Parliament for Mityana South Constituency.
Democratic Party’s Richard Lumu first dragged Makumbi to High Court citing irregularities in his nomination and election in the February 2016 polls. But High Court ruled in Makumbi’s favour.
According to Lumu, Makumbi was illegally nominated to stand for the post of Mityana South Member of Parliament because he was not a registered voter in the area.
Lumu also argued that Makumbi had been illegally nominated by the Electoral Commission because he had not yet resigned his public office as the Resident District Commissioner for Luweero district.
Court of Appeal justices led by Deputy Chief Justice Steven Kavuma, Alphonse Owiny Dollo and Cheborion Barisaki said there was no evidence on record to indicate that Makumbi had not resigned as RDC for Luweero district.
In the judgment read by registrar Deo Nzeyimana, the panel of three judges cited lack of evidence to the claim that Makumbi was not a registered voter in Mityana South Constituency.
The judges of the Court of Appeal explained that as long as one is a registered voter, they can stand in any part of the country.
“I hereby uphold the decision of the High Court and the appeal substantially fails. It is hereby dismissed.”
Lumu was asked to pay a third of the costs accruing from the case he lost at High Court when he first lost the petition.