Court of Appeal dismisses petition by Paul Mwiru challenging  Nabeta’s election

The Court of Appeal in Kampala has dismissed with costs , an appeal by Paul Mwiru challenging the election of Nathan Nabeta as  Jinja East Member of Parliament.

NRM’s Nabeta was declared the winner of the January 14 election for Jinja East constituency having got 5817 votes against Mwiru’s 5580 in second position.

This prompted the Alliance for National Transformation candidate to run to the High Court to challenge the election citing vote-rigging, intimidation of his polling agents and use of Electoral Commission officials to alter results.

However, the case was dismissed by the High Court prompting him to run to the Court of Appeal.

On Monday, a panel of three justices of the Court of Appeal including Christopher Madrama, Elizabeth Musoke, and Hellen Obura dismissed the application by Mwiru to have time extended for filing his appeal.

“Rule 31 is quite clear that the appellant shall lodge with the registrar of the Court of Appeal within 30 days after the filing by him or her of the memorandum of appeal,” the three justices said in a judgment read by the court’s deputy registrar Susan Kanyange.

The judges therefore ruled that Mwiru filed his appeal late as they reasoned with Nabeta that the same should be struck out and the former ordered to pay costs.

“For the reasons he(Nabeta) gives to which we agree, this application is dismissed and orders to costs given to the respondent(Mwiru).”

This is the third time the battle between the two politicians in Jinja has ended in court.

In the previous two times, Mwiru has won.