Fabrice Brad Rulinda has been confirmed as the duly elected mayor of Entebbe Municipality after the High Court in Kampala threw out a petition challenging his election victory.
The petition filed by Rulinda's rival and also former mayor of Entebbe, Kayanja De Paul of Democratic Party (DP) sought nullification of Rulinda's election victory, citing falsification of entries on declaration of result forms.
However, on Monday, the court found no evidence of falsehoods on election declaration forms as contended by Kayanja in his petition, hence dismissing with costs, his petition.
Background of the case
It should be remembered that in January 2021 elections, Kayanja lost to his rival Rulinda in the Entebbe mayoral race after getting 5,576 votes against the latter's 6,703 votes.
Unsatisfied with the results, Kayanja ran to court seeking nullification of the election, citing falsification of results in 74 polling stations among other irregularities.
When the petition came for hearing, the respondents objected to the petition on the ground that the affidavits in support of the petition offended the law governing affidavit evidence and were incurably defective and ought to be expunged from the record.
Upon hearing, the High Court led by Justice Isaac Muwata dismissed with costs, Kayanja's petition on grounds that his affidavits had not been backed with evidence.
The court also stated that the affidavits were based on hearsay and that the documents accompanying them were not authentic.
Unsatisfied with Muwata's ruling, Kayanja through his lawyers, M/S Alaka & Company Advocates ran to Court of Appeal seaking to overtun the High Court's ruling.
Through his lawyers, Kayanja contended that the High Court judge had erred in law and fact when he dismissed the petition on presumptive grounds and on 'mere suspicions' of the appellaants evidence and thereby occasioning a miscarriage of justice.
Court of Appeal orders rehearing
In May 2022, upon hearing, the Court of Appeal Justices Fredrick Egonda-Ntende, Christopher Izama Madrama, and Eva Luswata quashed earlier High Court ruling and ordered a new hearing of Kayanja's petition for a new election.
"I would make an order that the order of the High Court striking out the Appellant's petition is hereby set aside." Secondly, I would make an order that the petition shall be remitted to the High Court for trial and evidence at the trial shall proceed by summoning witnesses of either side under the Civil Procedure Rules in an ordinary way, Madrama ordered in the judgment.
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The court noted that in the premises, having found that affidavit evidence is not the primary or appropriate mode for proving the grounds in an election petition, the appeal succeeded and made an order that the order of the High Court striking out the appetlant's petition be set aside.
"I would in the circumstances make an order that the appeal be allowed with costs in this court and in the court below on a point of law arising from grounds of appeal" Justice of Appeal, Christopher Madrama.
However, on Monday, according to the court ruling read by deputy registrar, Jamson Karemani, the High Court dismissed Kayanja's petition and maintained Rulinda as the duly elected mayor of Entebbe Municipality.
Rulinda reacts
Following the court ruling, Rulinda thanked his lawyers for their efforts in the case and said he was happy that justice had finally prevailed after years of court battles.
"The first judge told them the same thing..I am happy that courts of law accepted for them to be heard. They were heard and the results are still the same. This is something they lost and let's focus on the development of Entebbe and not stay in this fracas." he told journalists.
On the matter of seeking compensation from Kayanja, Rulinda said he would discuss this with his lawyers.
