National Democratic Congress (NDC) Secretary General Mwenya Musenge has lost his Electoral Petition Appeal in the Constitutional Court. Mr. Musenge had contested the Kitwe High Court’s judgement of November 23, 2016 that upheld the election of Mwila Mutale as Chimwemwe Constituency Independent member of parliament.
He consequently appealed to the Constitutional Court.
Mr. Musenge who had contested the Chimwemwe Parliamentary elections in the 2016 General polls on the Patriotic Front (PF) ticket filed four grounds of appeal.
Among the grounds of appeal were that the court below erred in law by holding that he had failed to prove allegations against the respondent to the high degree of clarity.
He had alleged that Mr. Mutale and his campaign team were masquerading as PF members and violence characterised his campaign exercise.
But the constitutional Court has upheld the Kitwe High Court’s Judgement and dismissed Mr. Musenge’s appeal saying it lacks merit.
Four Constitutional Court Judges presided over the matter.
These are Constitutional Court President Hilda Chibomba and Judges Annie Sitali, Mungeni Mulenga, Enoch Mulembe and Palan Mulonda.