By Alex Gahima
Former Parliamentarian for Bufumbira County East and now Bukimbiri County Member of Parliament (NRM) Eddie Wa Gahungu Kwizera has emerged victorious in an electoral petition filed at Kabale high court following concerns by first time contender, Owebeyi James (FDC), who claims the elections were fraudulent and that fresh elections in Bukimbiri county, needed to be conducted.
The judgment that was pronounced and delivered by email yesterday from Kabale high court Judge Phillip Odok under Election Petition NO. 002 OF 2021 to petitioner Owebeyi James and Respondents, the Electoral Commission and Kwizera Eddie Wa Gahungu was heavily circulated on social media.
In a 20 paged document seen by Voice of Muhabura, Justice Odok concludes that the Petitioner Owebeyi failed to prove to the satisfaction of court that there was any non-compliance with the provisions of the Parliamentary Elections Act (PEA) or any principles therein.
Justice Odok further ordered that the case be dismissed with costs.
Back ground:
The petitioner Owebeyi James and Eddie Wa Gahungu Kwizera were among four candidates who contested for the Parliamentary seat of Bukimbiri County Consistency, Kisoro district in the parliamentary elections which were held on January 14th 2021.

Hon.Wa Gahungu was declared as the duly elected Member of Parliament for Bukimbiri County Constituency after obtaining 11,821 votes.
Owebeyi obtained 104 votes while other other candidates in the race namely, Turyagyenda Asgari obtained 11,330 votes and Muhereza Martin obtained 167 votes.
Mr. Owebeyi challenged the results alleging that the election was a nullity on the ground that the ballot paper for the aforementioned election did not contain the names of all the validly nominated candidates in that constituency, but instead contained names of candidates for Ruhinda South Constituency in Mitoma District.
Owebeyi in his motion further alleged that upon realizing the error on polling day, he objected to voting and requested Hon. Wa Gahungu’ Returning Officer to postpone the elections but his request was denied.
He contended that the ballot paper confused the electorates and the registered voters were disenfranchised adding that, coupled with the restrictions of physical rallies due to the observance of Covid – 19 Standard Operating Procedures, the impasse would largely benefit Wa Gahungu whose face was widely known and he could be identified using his picture since he served in the 6th and 7th Parliament as a Member of Parliament for Bufumbira County East Constituency.
During a phone interview with Owebeyi, he confirmed the authenticity of the judgment that was delivered by email, dismissing his petition.
He further says that the decision by high court is not conclusive adding that his lawyers have already filed a notice of appeal in court of Appeal.
“The decision by high court is actually naked, how do you say that there is no evidence and yet the evidence itself is on the ballot paper. I am not satisfied with the decision of high court and am taking the matter to the court of Appeal”, Owebeyi said
He further noted that the Justice system of Uganda has largely been infiltrated adding that he is demanded to take the matter to the highest court until Justice has been dispensed.
“I would urge the people of Bukimbiri and the people of Kisoro that I am still fighting for Justice and I am not going to give up until Justice is realized”, Owebeyi explained.
Using old wounds to fuel Competitive Spirit:
Attempts to get a comment from Hon. Wa Gahungu were futile as he did not pick his known telephone number.
Hon. Wa Gahungu is not new to public interest litigation. Back in 2016, he lost a case in which he challenged the NRM party decision to front former Ethics Minister and Incumbent MP for Bufumbira East Hon. Dr. James Nsaba Buturo, for the post.

In 2015, Hon. Kwizera petitioned court and Hon. Buturo as second respondent contesting results from the NRM party primaries for the position of Bufumbira East MP flag bearer in which the party Electoral Commission declare Buturo as the Winner.
Lance Edward Armstrong, an American former professional road racing cyclist who was stripped of his seven consecutive Tour de France titles from 1999 to 2005 after a doping investigation said once in an interview,” Nothing goes to waste, you put it all to use, the old wounds and long-ago slights become the stuff of competitive energy”.
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