In her petition, the respondent sought the following orders:
A) Hon. Bakaluba Peter Mukasa was not validly elected as a Member of
Parliament for Mukono North Constituency.
B) The election of the 2nd appellant as directly elected Member of Parliament
be annulled and instead the petitioner/respondent be declared the winner
of the Parliamentary election for Mukono North Constituency.
C) In the alternative but without prejudice to the foregoing, a fresh election be
conducted in the said Constituency.
D) The appellants (then respondents) pay the costs of the Petition.
E) Such other remedies available under the electoral laws as the court
considers just and appropriate.
The High Court allowed the petition and made the following orders and declarations,
hence this appeal:
A) That Hon. Bakaluba Peter Mukasa was not validly elected as the directly
elected M.P for Mukono North Constituency.
B) The election of Hon. Bakaluba Peter Mukasa as MP for Mukono North
Constituency is hereby set aside.
C) That fresh election be conducted in the said Constituency.
D) The Electoral Commission and Hon. Bakaluba Peter Mukasa shall pay the
costs of the petition to the respondent.
The appellants appealed individually vide Election Petition Appeal No.1 of 2007 and
Election Petition Appeal No.2 of 2007 which were later consolidated into Election
Petition Appeal Nos. 1 and 2 of 2007.
With leave of Court, both appellants filed an amended consolidated Memorandum of
Appeal which reads as follows:
1. That the learned trial Judge erred in law and fact and denied the 2nd
appellant fair trial when she considered and relied on specific
particulars of alleged bribery not specifically pleaded in the
petition and its attached affidavit to make findings that during the