Court reconfirms Nayebale as Gomba Woman MP

Sylvia Nayebale has been reconfirmed as the duly elected Woman MP for Gomba district. Her seat was sealed on Tuesday by the High court in Mpigi which dismissed, for the second time, a petition filed by her rival Betty Sentamu from the opposition National Unity Platform.

Nayebale, a member of the ruling National Resistance Movement (NRM) party was declared the winner of the January 2021 parliament election with a tally of 30,253 votes against Sentamu’s 22,657 votes. But Sentamu petitioned the High court, accusing Nayebale and the Electoral Commission of falsifying results in Kasambya parish, Kyayi sub-county.

According to Sentamu, the number of votes counted and declared by the Electoral Commission did not match the record on the declaration forms. But the petition was dismissed on August 31, 2021, by Mpigi High court judge Richard Wejuli Wabwire on technical grounds.

Justice Wabwire ruled that Sentamu had failed to pay the requisite court fees – with a payment of Shs 100,000 instead of the required Shs 150,000. He also faulted her for failing to interpret for the witnesses in their affidavits, which indicated that she had failed to follow the legal procedures as provided for under the Election Petitions Act.

But Sentamu petitioned Court of Appeal where a  panel of three justices ruled in her favour and set aside justice Wabwire’s decision. The Court of Appeal then ordered that Sentamu be allowed to pay the filing fees to allow a fresh hearing of the petition by another High court judge.

Justice Alex Mackay Ajiji took over the case which he dismissed on Tuesday this week on grounds that there was no evidence left on the court record after expunging the supporting evidence contained in the declaration form of results, which he said, were not certified copies from the Electoral Commission.

The court has heard that Sentamu’s petition couldn’t be left to stand naked on court record having struck off all her supporting evidence contained in declaration forms which she had not paid for. According to Ajiji, it was not enough for Sentamu to only apply for the declaration forms from the Electoral Commission but she ought to have attached proof that she paid for the same as required by the laws governing election matters.

The ruling read at the High court in Kampala by registrar Didas Muhumuza indicated that after expunging the said forms from the record, there was nothing left to support Sentamu’s allegations of voter bribery, multiple voting, ballot stuffing and other electoral offences committed by MP Nayebale. Sentamu that it’s not yet over because she will go back to the Court of Appeal to challenge the decision.