State Minister for Kampala and Metropolitan Affairs Kabuye Kyofa has denied any involvement in the alleged alteration of results in the contested Nakaseke Central parliamentary election, insisting that he should not be held responsible for irregularities recorded on declaration forms.
Kyofa was declared the winner of Nakaseke Central Member of Parliament race with 13,742 votes, defeating National Unity Platform (NUP) candidate Allan Mayanja, who got 8,298 votes.
Dissatisfied with the outcome, Mayanja petitioned the High Court in Luwero, challenging Kyofa’s victory and the Electoral Commission’s declaration of the results. He alleges that results from 31 polling stations were altered in Kyofa’s favour and presented certified copies of declaration of results forms obtained from the Electoral Commission as evidence.
Kyofa appeared before Justice Samuel Emokor today for cross-examination by lawyers representing Mayanja, led by Medard Ssegona and Lawrence Kabuye.
During the proceedings, Kyofa was questioned about whether he had deployed polling agents across the 95 polling stations in the constituency and obtained declaration forms from them.
Kyofa told court that he had deployed agents but did not consider it necessary to attach the declarations they collected to his affidavit. Mayanja lawyers indicated that he could be given more time to produce the declarations to justify his victory, but he said he could not recall where they were.
Mayanja’s lawyers then presented Kyofa with certified copies of declaration of results forms from the Electoral Commission, which they said showed discrepancies between the registered voters and the number of votes recorded as cast at several polling stations.
The forms included results from polling stations that include Kyasampanga, where 272 male voters were registered but 291 votes for males were recorded; Magoma Primary School, where 112 male voters were registered but 160 votes for males were recorded; and Wakayamba, where 235 male voters were registered but 244 votes for male were recorded.
Other disputed figures were presented from Katooke, where 146 female voters were registered but 149 votes for female were recorded, and Balitta, where 140 female voters were registered but 200 votes for female were recorded.
At Butalangu Kisaawe polling station, the forms reportedly showed 248 registered female voters against 350 votes for females recorded, while at Mityomere, 187 female voters were registered but 217 votes for females were indicated as having been cast.
Mayanja’s legal team also pointed to declaration forms on which, they alleged, original results had been erased and replaced with figures showing Kyofa as the winner at the respective polling stations.
In his defence, Kyofa denied having any role in the alleged alterations.He told court that he spent election day at his home and only left to go to the tally centre during the declaration of results.
He was also asked to explain why some declaration forms did not bear the signatures of agents, despite his claim that he had deployed representatives across the polling stations.
Kyofa said he did not know why the agents had not signed the forms, adding that signing them was not mandatory. He maintained that any alterations and other irregularities should be explained by the Electoral Commission’s presiding officers who signed the declaration forms.
Asked whether he considered the election free and fair in light of the discrepancies presented in court, Kyofa insisted that, based on his observations, the election had been fair.
Counsel for the Electoral Commission, Nasser Sserunjogi, declined to cross-examine Kyofa on the allegations, saying he would instead present the District Returning Officer for cross-examination on Friday.
Geoffrey Kandeebe Ntambirweki the lawyer representing Kyofa said they had no other witness and closed the defense from their client. Earlier, the court expunged a police forensic report presented by Mayanja in support of allegations that signatures belonging to his polling agents had been forged during the alleged alteration of results in Kyofa’s favour.
The report was removed from the court record after the handwriting expert failed to appear for cross-examination, reportedly because he lacked a movement permit from the Inspector General of Police.
Following the decision, Kyofa also withdrew his own forensic report from the proceedings.
Speaking to journalists after the hearing, Mayanja’s lawyer, Medard Ssegona, said that despite the setback caused by the removal of the forensic evidence, Kyofa’s testimony and the certified declaration forms presented in court supported their claim that the minister had benefited from the alleged alterations.
Kyofa, however, dismissed several of the questions put to him during cross-examination as misguided, arguing that there was no evidence linking him to the alleged alterations.
He maintained that the court should clear him of the allegations, insisting that the irregularities cited by Mayanja’s lawyers did not establish his personal involvement. Justice Emokor adjourned the case to Friday at 9:00 am, when the lawyers are expected to conclude their arguments-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
