Faridah Nambi, a candidate in the recently contested by-election, has spoken out against violent incidents and alleged electoral malpractices that she says tainted the voting process.
At a recent briefing, she condemned attacks on journalists and other individuals, calling for a thorough investigation into the perpetrators' actions.
“I deeply regret the incidents involving the beating of journalists and others during the election process. Security forces should do a thorough investigation and bring the culprits to book,” Nambi said, voicing concerns over the safety of those targeted.
She also questioned the handling of the election by the Electoral Commission (EC), alleging irregularities, including uncounted votes in key polling areas such as Mbogo and Kazo, where she expected strong support.
“Goons came and vandalised polling stations, and our votes were not counted,” she said. “This disenfranchised us, and I have consulted my lawyers and filed a complaint with the EC.”
Nambi claims that over 30,000 votes went unaccounted for, particularly in areas where her party, the NRM, anticipated success.
She further alleged that individuals, including the controversial political figure Balaam, were involved in managing polling stations under the guise of NUP representatives, raising questions about the election’s integrity.
“Even my vote wasn’t counted, and our party chairman has raised concerns about this,” she added.
Legal Experts Weigh In
Legal expert Isaac Otim provided insight into the grounds for contesting election results, emphasising that electoral violations must be proven to have directly affected the outcome.
“There are clear legal frameworks in place for handling election disputes. If anyone wants to challenge the results, they must prove that the violations altered the outcome of the election,” Otim said.
He noted that while allegations of violence and intimidation are serious, they alone do not justify overturning an election unless they can be shown to have significantly impacted the vote count.
Otim referenced past court rulings where elections were annulled due to non-compliance with electoral laws but stressed that challengers must demonstrate how violations affected the final results.
“It’s not enough to claim there were issues; you must show that these issues had a direct and substantial effect on the results,” he explained.
Lawyer Erias Tumwebaze also elaborated on the legal basis for challenging an election, citing provisions in the Parliamentary Elections Act.
“The Act lays out specific grounds for contesting elections, including non-compliance with electoral laws,” Tumwebaze said.
“If there’s proof that violations occurred and they influenced the election outcome, that could form the basis of a legal challenge.”
He pointed out that for NRM to successfully challenge the results, they would need to prove that NUP’s alleged intimidation had a direct effect on the election. However, he noted that without clear evidence, the case could be difficult to sustain.
“NRM would have to show that NUP’s actions caused significant disruption and altered the results,” Tumwebaze said.
He also acknowledged the challenge of proving voter intimidation, a central issue in NRM’s claims, saying such allegations must be backed by concrete evidence showing their impact on voter turnout and the final vote count.
“Voter intimidation is a serious allegation, but it’s a hard task to prove in court,” Tumwebaze said.
“Without sufficient evidence, it will be difficult for NRM to make a convincing argument that their loss was due to NUP's actions.”
As the debate over the election’s fairness continues, Nambi remains resolute in her commitment to serving her constituents despite the alleged irregularities.
She expressed gratitude to her supporters, stating, “I want to thank everyone who supported me and the NRM party. It has been truly overwhelming, and I will continue to serve my people with dedication.”
With conflicting claims from both NUP and NRM, the resolution of the election dispute now hinges on legal proceedings and the strength of the evidence presented.
Whether the court upholds or overturns the results will depend on the credibility of the allegations and their proven impact on the election’s outcome.