The High Court in Mbale has dismissed an election petition appeal lodged Busia Municipality Parliamentary candidate Hassan Kamba, seeking for vote recount.
The NRM candidate petitioned court disputing the outcome of the January 14th elections in which he polled 3,411 votes to emerge second behind independent candidate Geoffrey Macho who polled 3,507 votes.
He filed the appeal in the High Court after the chief Magistrate’s court in Busia dismissed with costs the petition which Kamba filed an seeking an order to recount the Parliamentary results for the constituency and that the Electoral Commission ordered to announce the winner of Busia Municipality Parliamentary elections based on the outcome of the said recount.
He also contended in his appeal that the trial Chief Magistrate erred in law and fact in her holding that the evidence presented was insufficient and could not warrant an order for a recount, holding that the alterations on the declaration forms for Kisenyi B [N-Z] were comparable to other alterations thus rejecting a recount application.
In his ruling, Byaruhanga said that it is well established that a recount is not granted as of right but on evidence of sound grounds. He said an order of a recount is therefore discretionary in nature.
“This court as an appellate court is by law duty bound to re-evaluate the evidence on record and therefore make its own inference before it can interfere with a discretionary decision of the lower court unless it is demonstrated that the exercise of the discretion was made in a non-judicious manner “he said.
He ruled that the applicant /appellant failed to adduce evidence to warrant a recount of the Parliamentary election results for Busia Municipality constituency, for the elections were in compliance with the provisions of the electoral laws with regard to the counting and declaration of results.
“The appeal is therefore in the circumstance accordingly dismissed,“ Justice Byaruhanga ruled.
Kamba told journalists shortly after the ruling that he was not satisfied with the ruling of the High Court.