5 THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA 10 ELECTION PETITION APPEAL N0. 39 OF 2011 (Arising from Election Petition No. 28 of 2011) 15 1. ACHEING SARAH OPENDI 2. ELECTORAL COMMISSION ::::::::::::::::::::::::::::::: APPELLANTS VS 20 OCHWO NYAKECHO KEZIAH:::::::::::::::::::::::::::::::::::::::: RESPONDENT Coram: Hon. Deputy Chief Justice A.E.N. Mpagi Bahigeine, DCJ. 25 Hon. Justice A. S. Nshimye, JA. Hon. Justice Remmy Kasule, JA. JUDGMENT OF A. S. NSHIMYE, JA 30 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; 35 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 40 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 45 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 1

Select target paragraph3