The chairman of Jinja central division, Kirunda Mubarak is out on court bail following allegations of involvement in the irregularities that marred the March 15, 2018 Jinja East by-election that pitted Forum for Democratic Change (FDC) candidate Paul Mwiru against National Resistance Movement (NRM) Nathan Nabeta Igeme.
Yesterday FDC’s Mubarak appeared before the Jinja Chief Magistrate Helen Agio and was charged with procuring the registration of ineligible voters contrary to section 29(F) of the Electoral Commission Act.
With other opposition politicians still at large, Kirunda, allegedly coerced or persuaded the Electoral Commission officials who updated the voters register for Jinja East constituency to register non-citizens citizens.
It is further alleged that the accused ferried peopled from outside the constituency and added their names in the register with an aim of ensuring that the candidate of their choice – Paul Mwiru wins. Eventually, Mwiru was declared winner of the hotly contested by-election with 6,654 votes against NRM’s Nathan Igeme Nabeta, who got 5,034 votes.
Kirunda pleaded not guilty. He told court that the allegations were politically motivated. “I did not commit those offenses my Lord. I am a leader in this town, so I only mobilized the people to go and get registered. That is in my mandate according to the law,” said Kirunda, who was representing himself.
The chief magistrate then adjourned the case to May 4, 2018 when the prosecution will bring evidence to pin the accused.
Kirunda was released on a noncash bail of shillings 1m and presented two sureties; Robert Isoba and Jimmy Obalim, both businessmen in Jinja town.
Section 29 of the Election Commission Act states that any person who by himself or herself or any other person procures the registration of himself or herself or any other person on a voters roll for a constituency, knowing that he or she or that other person is not entitled to be registered on that voters roll or is already registered on it or on another voters roll or by himself or herself or any other person procures the registration of a fictitious person, commits an offence and is liable on conviction to a fine not exceeding thirty currency points or to imprisonment not exceeding one year or to both.
“These people (NRM) have made serious allegations against us. In fact the charges preferred against me are criminal in nature and I am now looking for a competent lawyer to defend me otherwise, I have been told that I am not safe,” Kirunda told this writer today.
In the aftermath of the by-election whose results were rejected by the National Resistance Movement, Kirunda went into hiding after learning that the police was arresting the persons suspected to have involved themselves in the irregularities.
Asked why he went into hiding yet he was innocent, Kirunda said it was better to hide and get court summons rather than being arrested and detained at police without trial.
“I am aware the regime wants to arrest me on fabricated cases related to the recent Jinja East by-election which we won as FDC,” Kirunda posted on various WhatsApp groups on Monday April 9, 2018 a few minutes after police arrested Jinja Municipal Council Speaker Morrison Bizitu.
“I am on my way to America where I will hide until I am sure that these guys (police) are no longer looking for me,” added the outspoken FDC man – Kirunda. But it has today been established by this writer that indeed Kirunda is hiding.
“He could be within town (Jinja) but hiding because he is wanted,” A staff at Kirunda’s office who never wanted to be named has told us that the chairman was last seen at office on Monday afternoon.
But Kirunda today said that “in fact I was not in America”. I was within my town but couldn’t avail myself just like that for an arrest.
The comical Chairman – Kirunda is a close friend to Jinja Municipal Council Speaker, Morrison Bizitu, former Walukuba Masese Division chairman, Muhammed Musisi Kibugudhu who were all arrested and detained for some days on similar charges.
Last week NRM lawyers presented a petition in which they want the High Court in Jinja to nullify Mwiru’s victory and declare their client, Nathan Igeme Nabeta as the duly elected Member of Parliament for Jinja East.
NRM insists that the election was riddled with electoral malpractices including multiple voting by known members of the opposition, voter bribery, intimidation and violence against Nabeta’s supporters.
This was the fourth time the two were facing off. And if NRM, which has decided to challenge the result in court, wins, there might be a fifth face-off ahead.
The Evidence
Butalejja Resident District Commissioner, Richard Gulume Balyaino told this writer that: “our camp has been receiving evidence to confirm that Mwiru rigged.” Gulume Balyaino, a resident of Jinja and who was in the Igeme campaign team said the party had obtained video footages, audios, still photos and confessions from some of the FDC stalwarts who executed the rigging, voter bribery, intimidation of voters and threatened violence.
A journalist who covered the election and spoke on condition of anonymity said the NRM claims hold water. The journalist said he had witnessed incidents at Main Street Primary School polling station, where opposition youths prevented those perceived to be NRM supporters from proceeding to vote.
“I have the footage my brother. And remember at one press conference Mwiru himself incited his supporters when he told them to kill anyone who would stand in their way,” says the reporter.
In fact several election observers claimed that the election was marred by violence, intimidation, voter bribery and other electoral malpractices. The Igeme camp also accused the heavily deployed police of connivance with Mwiru for reportedly just looking on as he broke the electoral laws.
In the aftermath, the Kiira Regional Police Commander, Gerald Twishime and the Jinja Central Divisional Police Commander, Martin Mbabazi were suspended and put under investigations.
But Mubarak says NRM is simply, again wasting their resources. “They should accept defeat and we work for our people,” he posted on Tufumintirize, a whatsapp platform.
