Kampala’s High Court has nullified Ivan Wafula’s victory as Makindye East II Lord Councilor, citing electoral irregularities and dishonesty. Justice Musa Ssekaana ruled in favor of Yasini Omari Assini of the National Resistance Movement (NRM), who contested the January 25, 2021 election results.
“The nullification of the second respondent’s nomination removes him from the contest and this leaves the appellant, who was the second-best candidate or runner-up, on top of the list,” Justice Ssekaana said. “The appellant is declared the winner of the election upon disqualification of the second respondent because he should never have been a candidate in this election and was not validly elected as City Directly elected Councilor-Makindye East II Electoral Area.”
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Justice Ssekaana also noted that Wafula had “committed an illegal practice when he offered recommendations for bursary during the election period, which was contrary to the law.” Even if Wafula had been properly nominated, his election would have been set aside due to this illegal practice.
Wafula’s victory was nullified due to discrepancies in his qualifications, including a disputed Uganda Certificate of Education from Kisugu High School in 2010. The school denied issuing the certificate. Additionally, Wafula lacked the necessary A-level or equivalent qualification for his Diploma in Education.
Assini, who received 2,277 votes, was declared the winner. Wafula had been wrongly declared the winner with 1,753 votes.
Justice Ssekaana ordered Wafula to bear the costs of the appeal and the Chief Magistrate’s Court. Assini and the Electoral Commission will bear their own costs.
This ruling highlights the importance of electoral integrity and adherence to the law in Ugandan politics.
