Three witnesses on Friday testified in support of an election petition filed by jailed NUP candidate Alex Waiswa Mufumbiro challenging the election of Nakawa Division East MP Fred Ruhindi. The witnesses were Mufumbiro’s brother, Kenneth Kato Mufumbiro; Kampala City Returning Officer Rashid Hasakya; and Kampala City Lord Mayor Ronald Balimwezo, who served as Mufumbiro’s agent at some polling stations during the January 15, 2026, parliamentary elections.
They appeared before Civil Division Judge Allan Paul Nshimye, where they were cross-examined by lawyers representing Ruhindi, led by Joseph Kyazze. Much of the cross-examination focused on the witnesses’ respective roles during the election and the contents of affidavits filed in support of Mufumbiro’s petition. Mufumbiro petitioned the High Court challenging Ruhindi’s declaration as the duly elected MP for Nakawa Division East.
According to the petition, the Electoral Commission declared Ruhindi the winner with 18,575 votes against Mufumbiro’s 15,067, giving Ruhindi a margin of 3,508 votes. Mufumbiro however contends that the results were affected by alleged irregularities including disputed tallying, failure to tally results from 22 polling stations and alleged inflated figures on some declaration and tally sheets.
The petitioner claims that after what he describes as corrections to the disputed results, he would have obtained 16,422 votes against Ruhindi’s 15,957, giving him a 465-vote lead. During cross-examination, Kato was questioned about similarities between portions of his affidavit and Balimwezo’s affidavit. He explained that the similarities arose because he and Balimwezo were together during the election activities. Kato was also asked whether he had personally been present at all the 22 polling stations whose results the petition alleges were not tallied, like in Kirombe and Kitawuluzi areas.
He confirmed that he had not been present at all the affected polling stations. Ruhindi’s lawyers further pointed out that Kato’s name was not listed among Mufumbiro’s polling agents at the disputed stations.Questions were also raised about his names. His affidavit identifies him as Kato Kenneth Wilson, while other documents refer to him as Kenneth Kato.
In court, he identified himself as Kenneth Kato Mufumbiro, maintaining that the different names referred to him. Balimwezo, who also testified for the petitioner, was questioned about whether he had lodged complaints with the EC over irregularities he claimed to have witnessed at some stations.
Kyazze also questioned him about his allegation that Ruhindi had connived with EC officials to deny Mufumbiro victory. Balimwezo told court that some of the information concerning voter turnout had been communicated to him by agents at polling stations. He said the agents had reported instances where voter turn up was allegedly equal to or greater than the number of registered voters.
He maintained that the information in his affidavit alleging that results from 22 polling stations, with thousands of registered voters, were not included in the final tally is truthful. It further alleges that figures in some polling stations were altered during tallying, giving Ruhindi more votes than those recorded on declaration of results forms at the polling stations. Stations cited in the petition include those in Luzira, Kirombe, Kiswa, Agatti’s Place, Kisenyi, Kulembera, Kitawuluzi and Kasenyi III.
The petitioner also alleges that agents were denied access at some polling stations and that some polling stations recorded voter turnout exceeding the number of registered voters. The petition argues that these alleged irregularities substantially affected the outcome of the election.
Ruhindi and the Electoral Commission are the respondents in the petition. The petitioner’s case closed after the testimony of the three witnesses. After hearing the parties, Justice Nshimye directed Mufumbiro to file his written submissions by October 9, 2026.
The respondents are required to file their submissions by October 16, while any rejoinder by the petitioner is due by October 22. The case will return to court for mention on October 30, 2026. The petition seeks, among other remedies, a declaration that Mufumbiro, rather than Ruhindi, won the Nakawa Division East parliamentary election.
It asks court to declare that the election was conducted in contravention of electoral laws and that the alleged non-compliance substantially affected the result. Mufumbiro also asks court to set aside Ruhindi’s election, order the EC to conduct a fresh election and award costs against the respondents. Mufumbiro has been in jail since September 2025 towards the nomination process on charges of inciting violence. Efforts to secure bail for him have been futile-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
