Africa-Press – Uganda. The High Court in Mbale City has upheld the election of the Budaka County MP, Mr Arthur Wako Mboizi, on grounds that he was qualified to be nominated and elected.
Justice David Matovu upheld Mr Mboizi’s victory last week, saying Mr Joshua Kasibo Omayende’s (NRM) petition had collapsed.
“The burden of proving the allegations in this petition lies on the petitioner and he should do so on a balance of probabilities and to the satisfaction of this court,” Justice Matovu said.
“This court is satisfied that on a balance of probabilities that the 1st respondent was in possession of A-Level academic qualifications at the time of his nomination and also the names Waako Arthur and Mboizi Arthur Waako refer to the same person being the 1st respondent and therefore the first issue is answered in the affirmative”.
“This petition accordingly fails and it is hereby dismissed with costs and this court hereby declares Mboizi Arthur Waako to be the duly directly elected Member of Parliament for Budaka County constituency,”he ruled.
Earlier grounds
In his petition, Mr Kasibo had stated that Mr Mboizi was not qualified since he did not possess the requisite academic qualifications at the time of nomination and elections.
He further stated that the 1st respondent had never been Wako Arthur but Mboizi Arthur .
After the ruling, Mr Kasibo told journalists that the judge did not consider the facts.
“We had presented good evidence but nevertheless there is still room to appeal which I have already instructed my lawyers to file because it is clear that the 1st respondent has no academic papers and is not fit to be an MP for Budaka County,” he said.
“I am determined to remove that man (Mboizi) from Parliament because he has forged academic papers. I call upon my supporters to remain calm and be focused,” Mr Kasibo added.
However, Mr Mboizi said he was not shaken since he has all the required academic documents.
“It is his legal mandate to appeal but I have to assure him that we shall battle and win because he cannot just wake up from a shop and think people can trust his leadership. I have been a leader and everybody knows that,” Mr Mboizi said.
He urged his constituents to remain united.
“Elections are over and it’s time to work for the people than wasting time in court petitioning,” he said.
The Electoral Commission declared Mr Mboizi winner after polling 9,463 votes against Mr Kasibo’s 7,919 votes.
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