The Court of Appeal on Friday dismissed with costs an appeal against Bunda Urban MP Ester Bulaya (Chadema) filed by four residents, who voted for defeated CCM parliamentary candidate Stephen Wasira during the 2015 parliamentary election.
Deputy Registrar of the Court of Appeal Elizabeth Mkwizu said the alleged irregularities the appellants presented to move the court to unseat the current MP didn’t affect election results. 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 failure to produce an 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 said yesterday 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.