The Mubende Magistrate's Court has ordered a vote recount for the Buweekula South Parliamentary elections following an application filed by the National Resistance Movement (NRM) candidate, Dedan Mubangizi, challenging the declaration of Fred Tumwesigye, an Independent candidate, as the winner.
The court, presided over by Chief Magistrate Noah Ssajjabbi, on Tuesday heard the application in which Mubangizi sought a recount of the election results for the Buweekula South Member of Parliament seat.
In his application, Mubangizi challenged the declaration of Fred Tumwesigye as the duly elected Member of Parliament, naming Tumwesigye as the first respondent, the Mubende District Elections Officer as the second respondent, and the Electoral Commission as the third respondent.
Evans Ochieng, lead lawyer for Mubangizi, together with Ronald Kwesiga, told court that the election process was marred by irregularities.
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"Our client raised concerns of discrepancies, irregularities, and ballot stuffing," Ochieng submitted.
The applicant presented a Declaration of Results (DR) form from Kibuye Polling Station, which showed inconsistencies between the number of ballot papers issued and those counted at the polling station.
According to the DR form, the total votes cast for candidates were 196, rejected votes were one, total ballot papers counted were 550, spoiled ballot papers were four, while the number of ballot papers issued to the polling station was 197. The unused ballot papers were recorded as 353--figures that the applicant's counsel described as glaring numerical inconsistencies.
"How can you explain such mathematics? This alone is sufficient for court to order a recount," Ochieng argued.
Paul Ssebunya, counsel for Fred Tumwesigye, asked court to dismiss the application, describing it as a fishing expedition.
"This application is unjust, and this honorable court cannot rely on it to order a recount," Ssebunya said.
He further challenged the evidence presented, arguing that the applicant failed to attach sufficient proof to the supporting affidavit.
"When you look at the affidavit sworn by the applicant, no concrete evidence is attached, and I therefore pray for dismissal," Ssebunya added.
Ssebunya also questioned the integrity of the ballot boxes, claiming that serial numbers on the seals were not provided.
"My client is concerned about the safety of the ballot boxes, and we wonder why there is such a rush for a recount," he submitted.
However, counsel for the first respondent failed to satisfactorily explain the numerical discrepancies on the DR form, which drew the attention of the magistrate. He acknowledged that there may have been errors in filling the forms but stated that they were not intentional.
Enock Kugonza , representing the Electoral Commission and the Mubende District Elections Officer, also opposed the application, arguing that it lacked merit and was speculative.
"Your Honour, the application is speculative and should be dismissed," Kugonza submitted.
The magistrate adjourned court for 30 minutes to consider the submissions.
Upon return, Chief Magistrate Ssajjabbi ruled that the applicant had sufficiently demonstrated numerical discrepancies on the declaration form and ordered a recount. He noted that court has jurisdiction to order a recount where numerical inconsistencies arise, emphasizing that such an exercise would safeguard the will of the people of Buweekula South Constituency.
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"I have noted the first respondent's concerns regarding possible tampering with ballot papers. However, no evidence has been adduced to support those claims. Any tampering would ordinarily be reflected on the ballot box seals," the magistrate ruled.
He added that electoral officials are public officers entrusted with managing elections and that the court could not deny a recount based on unproven allegations.
"I therefore order a recount. The parties shall be accompanied by police officers to the Electoral Commission premises to verify whether the ballot boxes are intact. If found intact, they shall be transported to court immediately," Chief Magistrate Ssajjabbi ordered.
Earlier, the Mubende District Returning Officer, Ferdinand Tumwesigye Mulekezi, had declared Fred Tumwesigye the winner with 8,804 votes. Dedan Mubangizi came second with 7,998 votes, while Edward Ssempiira of the National Unity Platform (NUP) came third with 1,915 votes.
