Former president of the Rwanda Bar Association, Athanase Rutabingwa. (File) An advocate of the Rwanda Bar Association has asked the High Court in Kigali to nullify results of recently-elected association president over alleged irregularities. Me Moise Nkundabarashi, who is representing Richard Mugisha, an advocate of the Bar association, sued the Rwanda Bar Association and its outgoing president, Athanase Rutabingwa, claiming that the elections held on June 12, were marred by irregularities. Jean Vianney Nduwamungu won the election, beating Julien Kavaruganda. At the initial hearing of the case yesterday, the petitioners outlined rounds on which court should nullify the results. They argued that the out-going President of the Bar, who presided over the elections, declared that 595 votes were cast, yet only 561 members had registered to vote. Court also heard that some votes were rejected owing to spelling mistakes on the ballot papers, which contravened Clause 65 of the Internal Rules and Regulations which “clearly stipulates that the test for the validity of a vote is the intention of the voter.” The petitioners submitted that a number of advocates were denied the right to vote on account of not having been registered, yet others who were not registered voted. They cited Claudine Gasarabwe and John Rwakaija among those who were denied the right to vote. They added that some members were denied to vote without being given any valid reason. The petitioners allege that Maitre Vincent Rwigema, who helped organise the elections, admitted there were irregularities, but proceeded with the elections. “Clause 65 of the Internal Rules and Regulations states that when a dispute arises, the incumbent leader of the Bar carries on with the leadership of the Bar until the dispute is resolved. However, the president-elect assumed office even before a handover and has since refused to step down in blatant disregard of the laid down procedures,” Nkundabarashi told court. However, Athanase Rutabingwa’s lawyer, Emmanuel Butera, told court that his client did not break any rules. He explained that if the plaintiff had issues with the votes cast, he should have contested there and then after establishing that the votes tallied were more than the number of total voters. Butera defended Rutabingwa’s decision to step aside, arguing that as is the procedure, after declaring the winner, the out-going president vacates his seat for the in-coming president who proceeds to chair the meeting. My client has no hand in the alleged election irregularities because it seems Mugisha is the only person with a problem about the outcome of the election, he said. Defence lawyer for the Bar association Isaie Mpayimana said the advocates who registered were 599 as opposed to 561 as submitted by the plaintiff. However, he said most of them could have left before the voting exercise. It is also important to establish whether the difference cited in the number of voters could significantly alter the final results, Mpayimana said. The plaintiff also wants court to fine the defendant Rwf5m in damages, whereas the Bar requested between Rwf8m and Rwf8.5m in damages from the plaintiff. Court adjourned the case to August 6.
