The Court of Appeal has declined to declare Emmanuel Musoke as the validly elected Local Council (LC) 5 chairperson for Kalungu District.
This after three justices, Deputy Chief Justice Steven Kavuma, Elizabeth Musoke and Paul Mugamba concurred with Masaka High Court judge Lawrence Gidudu that the authenticity of the Declaration Forms (DR) forms on which court would have based to declare Musoke as winner are questionable.
They noted that the declaration of result forms that Musoke attached on his petition in the lower court were not certified by the Electoral Commission, meaning they lacked a stamp.
They have now dismissed, with costs, Musoke’s appeal to nullify NRM’s Richard Kyabaggu’s election, and ordered that fresh elections be conducted to fill the vacant post of Chairperson Kalungu District.
In August last year, Justice Gidudu ruled that DP’s Musoke was denied victory by the National Electoral body which declared his rival Kyabaggu as winner, after falsifying declaration of results forms in four polling stations at Kulamaga, Kitawuluzi, Yesu Akwagala and Bugomola.