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Bobi Wine’s sister loses election case

Betty Ssentamu, a sister of the main opposition party National Unity Platform (NUP) president Robert Kyagulanyi Ssentamu will have to wait for the next general elections to take another shot for the Gomba woman MP seat.

On Wednesday, the Court of Appeal, which has the final say over the Parliamentary election disputes, dismissed her appeal against the victory of Sylvia Nayebare, the incumbent MP after a three-year legal battle.

In a unanimous judgment, Justice Geoffrey Kiryabwire, Muzamiru Kibeedi, and Christopher Gashirabake upheld the victory of Nayebare saying Ssentamu failed to prove her case to the satisfaction of the court.

“In the final result, we uphold the decision and orders of the High Court and accordingly dismiss the appeal with costs in this court and the court below,” they ruled.

Ssentamu had relied on uncertified result declaration forms to prove that she won the elections.

However, the appellate court ruled that Ssentamu did not exhaust all the available remedies before settling on the use of uncertified
documents.

When the Electoral Commission (EC) declined to provide her with certified declaration forms, Ssentamu had to apply to the court under Order 10 Rule 14 of the Civil Procedure Rules for the court to come the electoral body to avail the same to her.

The justices said the trial judge Alex Ajiji was right to strike out the uncertified declaration forms of the appellant (Ssentamu) because she never made efforts to secure certified copies of the declaration forms from EC.

Ssentmau must pay legal costs to Nayebare and EC. John Elotu represented Ssentamu in the case while Geoffrey Kandeebe, Christine Ntambirweki, Ronald Tusingwire, and Phiona
Ampire defended Nayebare and EC. Commenting on the verdict, Nayebare said she was glad that the case had finally come to an end and justice had prevailed while Ssentamu said the decision was not a surprise to her.

“I am not surprised by the court’s decision because I expected it. However, directing me to pay costs should inform my voters that I have not been bribed as it has been alleged. Let us not lose hope because the next elections are not far for us to reclaim our victory,” Ssentamu said.

This case has been stalled in the court system for three years because it has been handled twice by both the High Court and the
Court of Appeal.

Source: The New Vision