Concourt declares Luo duly elected
As the appellant has succeeded in all grounds of appeal, we set aside the finding of the lower court and overturn the nullification of Munali Constituency parliamentary election. Professor Nkandu Luo is the duly elected MP.”
— Judge Mulembe read.
THE Constitutional Court yesterday declared Higher Education Minister Nkandu Luo as duly elected Member of Parliament for Munali Constituency. On the other hand, UPND losing candidate Doreen Mwamba did not show up for the verdict. In this matter, Professor Luo was challenging the decision of High Court Judge Edward Musona which declared her election as MP during the August 2016 parliamentary elections null and void after Ms Mwamba petitioned her victory. Judge Musona invalidated Prof Luo’s election on grounds of electoral malpractice that included violence and use of government resources. But the Constitutional Court in its judgement read by Judge Enock Mulembe overturned Judge Musona’s findings stating that he misdirected himself and erred in both law and fact. The court found that Prof. Luo’s grounds of appeal succeeded and, thus, it could not be persuaded to uphold the nullification as the allegations of electoral malpractice were not proved beyond reasonable doubt. It noted that the one who alleged carried the burden of proof, otherwise, the judgement would not be in their favour. “As the appellant has succeeded in all grounds of appeal, we set aside the finding of the lower court and overturn the nullification of Munali Constituency parliamentary election. Professor Nkandu Luo is the duly elected MP,” Judge Mulembe read. The Constitutional Court was, however, perplexed at how Judge Musona placed the burden of proof on Prof Luo to demonstrate that she did not use a government vehicle during her campaign and that should have shown what measures she put to “cage” the violent cadres who allegedly attacked the UPND campaign team in Mtendere.