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THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA
AT KAMPALA

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ELECTION PETITION APPEAL N0. 39 OF 2011
(Arising from Election Petition No. 28 of 2011)
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1. ACHEING SARAH OPENDI
2. ELECTORAL COMMISSION ::::::::::::::::::::::::::::::: APPELLANTS
VS
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OCHWO NYAKECHO KEZIAH:::::::::::::::::::::::::::::::::::::::: RESPONDENT

Coram: Hon. Deputy Chief Justice A.E.N. Mpagi Bahigeine, DCJ.
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Hon. Justice A. S. Nshimye, JA.
Hon. Justice Remmy Kasule, JA.

JUDGMENT OF A. S. NSHIMYE, JA
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This is an appeal from the judgment of the High Court at Tororo (Rugadya Atwoki J.) dated 23rd
September 2011 in Election Petition No. 28/ 2011.

The Background of the appeal;
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The 1st appellant and 8 others including the respondent contested as candidates for election to the
seat of a Woman Member of Parliament for Tororo District. The 2nd appellant organized the
elections which were held on 18th February 2011.
The 2nd appellant declared the 1st appellant the winner with 41,165 votes against the respondent

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who polled 33,486 votes. The winning margin between the two leading candidates namely the
appellant and the respondent was 7,679 votes.

The results from a total of 17 polling stations were not included in the final tally of results. It was
because cast votes from one polling station were found to exceed registered voters and in the
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second, results for only two candidates were received, thus resulting in cancellation of results from
those two polling stations. Ballot boxes from 15 polling stations were found not to contain sealed
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