Voters want Soroti East by-election stopped over illegal parishes

2021 Elections Watch

A section of voters have queried the legality of the forthcoming Soroti East by-election saying it ought to be stopped because  illegal voters  have been allowed to participate in the polls.

The two including Micheal Enyangu and Enoch Opio earlier this month wrote through their lawyers of Kaganzi and Company  advocates to the Electoral Commission chairperson saying it is unconstitutional for not deleting 5233 voters from two parishes of Aloet and Opiyai in Soroti East Division which they say are illegal.

This followed an earlier Court of Appeal decision in which it was ruled that the voters in the two parishes had earlier in January, 2021 participated in the election of the Member of Parliament for Soroti West Division Constituency.

The court had nullified the election of the Soroti East MP arguing that it was illegal for the Electoral Commission to reconstitute the constituency’s boundaries.

The Electoral Commission recently wrote back to the two petitioners saying that the two parishes will now vote in the forthcoming Soroti East by-election since they are now part of the constituency.

“Neither the court judgement nor the electoral laws prohibit the voters registered in Aloet and Opiyai parishes from voting in the constituency and their participation doesn’t offend the provisions of Section 31 of the Parliamentary Elections Act 2005 or any of the enabling electoral laws,” the EC chairperson, Justice Simon Byabakama wrote in response to the petitioners.

However, speaking to journalists on Saturday, the lawyer for the petitioners, Lester Kaganzi explained that it makes no sense for the two parishes to again participate in the forthcoming by-election yet their votes were earlier counted in Soroti West division constituency.

“A total of 5233 voters are being moved from Soroti City West to go and vote in the by-election in Soroti City East. Whereas the by-election is to be held in Soroti City East, the numbers are so significant that the election in Soroti City West cannot be allowed to stand,”Kaganzi said.

Lawyer Kaganzi explained that the 5233 voters will have voted twice, having voted earlier in the January 14 polls for Soroti West.

“They voted and their votes are part of what was declared by the Electoral Commission. At the same time they are being told to vote in the by-election for another MP in Soroti City East and that will be a direct contravention of the laws governing elections in Uganda. A person cannot vote more than once.”

The lawyer insisted that his clients are not satisfied with the response from the Electoral Commission in regards the matter, noting that they are soon returning to court for further guidance.

“We shall be returning to courts of law for further directions. This is to put Electoral Commission on notice of our decision to take the matter further so that courts can guide us on what to be done.”

The Soroti East by-election is set for July, 28, 2022.

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