EC tribunal dismisses petition challenging Kikuube by-election candidates

Uganda’s Electoral Commission tribunal has dismissed a petition challenging the nomination of two candidates contesting for the Kikuube District chairperson seat, clearing the way for the June 18 by-election in the oil-rich western district.

The petition was filed by Philip Mbabazi Burnet, who sought to overturn the nominations of Paddy Kisembo, the ruling National Resistance Movement (NRM) candidate, and Fenekansi Timanyire of the opposition National Unity Platform (NUP).

Mbabazi argued that the Kikuube District Returning Officer unfairly denied his nomination, citing inconsistencies in his academic qualifications and insufficient supporter endorsements. He also alleged that Kisembo’s and Timanyire’s nominations did not comply with provisions of the Local Governments Act.

However, after reviewing submissions from the parties and the returning officer’s report, the Electoral Commission tribunal dismissed the complaint.

In a ruling signed by Electoral Commission Chairperson Justice Simon Byabakama Mugenyi, the commission said the petition lacked merit.

The tribunal found that Mbabazi presented a Degree of Associate of Arts in Real Estate from a United States institution during nomination but failed to provide certification from the National Council for Higher Education, a legal requirement for foreign academic qualifications.

The commission also established that both Kisembo and Timanyire met the required threshold of supporters for nomination.

“In light of the above observations, the commission found no merit in the petition and the same stands dismissed,” the ruling said.

The tribunal upheld the returning officer’s decision to nominate both candidates.

On Friday, Kisembo welcomed the ruling and called for unity among NRM supporters ahead of the vote.

“I am so excited with this news. Mbabazi had concerns and wanted to be heard. The commissioners listened to all parties and came up with a final decision,” he said.

He urged party members to avoid divisions arising from the dispute.

“The ruling was good on my side but it should not disunite us as a party. This is the right time for NRM members to come together and work for the development of Kikuube,” Kisembo added.

He also appealed to Mbabazi to work with him should he win the election.

“Mbabazi had a good development agenda for the people of Kikuube. I call upon him to collaborate with us if I win the by-election,” he said.

Timanyire, however, questioned the basis of the ruling and expressed disappointment that Mbabazi would not appear on the ballot.

“It is unfortunate that the petition has been dismissed. I do not know the basis of the ruling, but if Kisembo had lost the case, NUP would have remained the only candidate and been declared unopposed,” he said.

Timanyire said voters should have been given a broader choice of candidates.

“I am not happy because Philip came for nominations and claimed he had all the required academic documents. He was denied the opportunity to contest. I wanted voters to have at least three candidates on the ballot paper,” he added.

Mbabazi’s lawyer, Anatoli Byakora Kaija of Okello Oryem and Company Advocates, said his client was considering further legal action.

“As team Philip, we will not keep silent. We intend to go to court,” Kaija told journalists.

The prospect of a court challenge means the dispute could continue even as campaigns enter their final days.

Kikuube Resident District Commissioner Godwin Angalia called for calm and tolerance among supporters of all candidates.

The by-election was triggered by the death of former district chairperson Peter Banura Araali, who died in a road crash on April 4.

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