Bunda urban MP to file for compensation after winning an apeal

Bunda. Bunda urban Member of Parliament Esther Bulaya plans to open a case to demand compensation from four people in the constituency who unsuccessfully challenged her victory in the 2015 general election.

Speaking at a public held here on Tuesday evening Ms Bulaya said if she will win the case against the constituents, she will use the money to implement development projects in the area.

“I spent a lot of money in the case, so I will go to court to demand that they compensate me,” she told those who attended the rally.

The Court of Appeal recently dismissed with costs an appeal against the Chadema MP filed by the four who acted on behalf of former minister Stephen Wasira. Ms Bukaya defeated the long serving CCM MP in the election.

The Court of Appeal’s deputy registrar Elizabeth Mkwizu noted the alleged irregularities relied on by the appellants could not have affected the outcome of the election.

Mr Wassira’s supporters Mr Magambo Masato, Ms Janeth Ezekiel, Mr Ascetic Mlagila and Mr Matwiga Matwiga raised six grounds seeking the court to unseat Ms Bulaya, including Bulaya’s alleged failure to produce her election budget as per the Election Expenses Act No 6 of 2010.

The appellants also pointed shortcomings on the election results form and failure of the returning officer to inform the CCM candidate to attend vote counting. The court ruled the appellants had failed to show how the difference in the number of voters in the parliamentary results form affected all election results.

According to Ms Mkwizu, the appellants had failed to prove that the first respondent (Ms Bulaya) did not submit election costs as required by law. They were also ordered to pay the costs of the suit.

The appeal was heard by a panel of three judges Mbarouk Mbarouku, Augustine Mwarija and Rehema Mkuye. The appellants were represented by advocate Constatine Mutalemwa and Yasin Memba while Ms Bulaya who is the first respondent in the case was represented by advocate Tundu Lissu.

Other respondents are Attorney General (AG) and the returning officer. Mr Wassira’s voters appealed against the decision made by the High Court to declare Ms Bulaya as winner on November 18, 2016. High Court Judge Joel Chocha declared Ms Bulaya the legitimate MP for Bunda Urban Constituency.

According to the appellants, the election was not free and fair due to irregularities. They were asking the Court of Appeal to nullify the results and ordered the election to be repeated.