The Court has upheld Zambezi West UPND member of parliament Prisca Kucheka’s election which was challenged by losing PF candidate Christabel Ngimbu.

Ngimbu, the former lands minister, had applead High Court judge Sunday Nkonde’s verdict on grounds that the trial court erred in fact and law by refusing to nulllify the election in light of the allaged breach of the electoral code.

But in his judgement, ConCourt judge Enoch Mulembe dismissed the appeal for want of merit.

Justice Mulembe said all the grounds of appeal had failed saying the trial judge was on firm grounds for dismissing the petition.

Justice Mulembe said even though some of the alterations made on Gen 12 forms were not signed for in about three polling stations, the breach did not meet the threshold to warrant the nullification of the election results.

He said all the three grounds of appeal had failed due to lack of evidence to support the allegations.

He said an election cannot be nullified on account of the delay to start counting the votes as the agents were still preparing the room.

On the extension of counting of ballot papers to the following day,the judge observed that it was a general election as other votes for presidential and local government were being counted.

Ngimbu had alleged that elections were marred by procedural irregularies.

“The court below erred and misdirected itself in law and fact when it failed to order a verification and recount of the ballot of the August 11, 2016 Zambezi West constituency parliamentary election as prayed by the appellant in her evidence,” read the appeal.

But the court has ruled that it was supposed to be the ECZ to order a vote recount if the appellant applied for an order.