YESTERDAY’S Court of Appeal session that was meant to hear an appeal challenging Ester Bulaya’s election as Bunda Urban legislator in the 2015 constituency elections on a Chadema ticket, was postponed to Thursday, due to the absence of her advocate, Mr Tundu Lissu.
The panel– comprising Justices Mbarouk Mbarouk, Augustine Mwarija and Rehema Mkuye ‑ was told that the counsel had not been served with summons.
Advocates for the appellants ‑ Constantine Mutalemwa and Yasin Memba – were in the chamber, as was the election loser, former Minister for Agriculture, Food Security and Co-operatives Stephen Wassira.
The appellants are Magambo Masato, Matwige Matwige, James Ezekiel and Elieta Malagiki.
Mr Wassira rejected election results announced by returning officer Lucy Msofe, under which Ms Bulaya was declared victor after polling 28,510 votes, against Mr Wassira’s 19,126.
Among other alleged irregularities, Mr Wassira claimed that, the results that were announced in various polling stations did not reflect the actual number of registered voters, and that rowdy crowds linked to opposition parties blocked his supporters from casting their ballots.
The four CCM members on Mr Wassira’s side had initially petitioned against the election results in the High Court. They lost the case and decided to seek redress in the higher court.
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