By Mubiru Ivan
On Friday, the Electoral Commission disqualified NRM’s Oguttu Boniface Paul and Democratic Party’s Hasubi Deogratius Njoki from the Busia LC5 by election.
The two candidates were kicked out on technical grounds according to letters from the EC chairman Justice Simon Byamukama.
Recently,the NRM party petitioned the EC for the disqualification of the DP candidate and vice versa.
Both candidates apparently, were nominated with unrecognized names.
According to Justice Byamukama, the DP candidate was nominated under the names Hasubi Deogratius Njoki, yet on the national voters register as well as his national ID names are Hasubi Deogratius.
Whereas the NRM candidate’s names Oguttu Boniface Paul didn’t match the names on the requisite academic documents accompanying his nomination papers.
The Busia LC5 chairperson’s seat fell vacant in May after the Court of Appeal threw out Ouma Adea who was convicted for corruption in 2013.
Given the duo’s disqualification, the race remains with three candidates namely; Chrispus Bwire, Tony Ojambo and Geoffrey Wandera, all independents.
NRM and DP speak out;
Rogers Mulindwa, the NRM Communications Officer says after receiving the legal interpretation of the EC ruling, the Secretary General will officially brief the Central Executive Committee (CEC) and thereafter wait for its guidance on the same.
“We shall thereafter get back to you for the official position. The party however calls upon the people of Busia to remain calm as we continue studying the situation.” He says.
On the other hand, Njoki’s lawyer Serius Brian says EC’s decision against his candidate is baseless and irrational and they are determined to appeal against it.
“Today’s decision as taken by the EC under Article 61 (1) (f) of our constitution wherein the electoral body is mandated to hear and determine complaints arising before and during electoral process. Such decisions are not final in their nature. The framers of our constitution envisaged situations where the commission would reach irrational,baseless and unfounded decisions just like it has done as regards Deo Njoki candidature. In providing possible forums of remedying there was enacted Article 64(1) providing appeals from decisions of EC. Errors of state organs can’t be visited on an innocent citizen,”
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