The High Court in Luwero has dismissed an application by Woman MP Brenda Nabukenya seeking election materials from the Electoral Commission to aid her defence against a petition challenging her victory. Justice Emmy Vincent Mugabo dismissed the application, ruling that Nabukenya’s lawyers had failed to demonstrate the relevance of some of the documents they sought and had also asked for broad categories of materials without sufficient specificity.
Nabukenya, through M/s Alaka & Company Advocates, had asked the court to order the Electoral Commission to provide election materials including presidential tally sheets, packing lists, ballot boxes and other documents. Her application followed a petition filed by her rival, Agnes Kirabo, challenging Nabukenya’s declaration as the duly elected Luwero District Woman MP.
According to the declared results, Nabukenya won with 67,399 votes against Kirabo’s 55,697. Kirabo, however, contends that the results were erroneous, illegal, and contrary to the Parliamentary Elections Act. She is asking the court to overturn Nabukenya’s declaration and declare her the winner, claiming that she actually defeated Nabukenya by 1,019 votes.
Kirabo’s lawyer, Ahmed Kalule Ismael, opposed Nabukenya’s application, arguing that some of the documents sought were neither relevant nor necessary for determining the election petition. In his ruling, Justice Mugabo questioned the relevance of the presidential tally sheets and their connection to the parliamentary election being contested.
The judge also cited the case of Hillary Innocent Kiyaga v Electoral Commission, in which the court cautioned against using discovery proceedings in election cases as a fishing expedition.
Justice Mugabo further noted that election petitions are subject to strict timelines and dismissed the application. He ordered Nabukenya to pay costs to both Kirabo and the Electoral Commission arising from the application. The High Court was expected to resume at 12:30 pm to begin hearing the main election petition.
In a separate ruling, Justice Mugabo dismissed an election petition challenging the election of Robert Kalanzi as LC3 Chairperson of Lwabiyata Sub-county in Luwero District.
Kalanzi was declared the winner with 1,708 votes against Robert Ssenyonjo’s 1,529. Ssenyonjo challenged the election, citing alleged electoral malpractices. However, Kalanzi, through his lawyer Asuman Matovu, raised a preliminary objection, arguing that the petition had been filed outside the statutory deadline. Ssenyonjo’s lawyer, Catherine Namara, attributed the delay to difficulties with the Electronic Court Case Management Information System (ECCMIS).
Justice Mugabo rejected the explanation, saying there was no evidence that Ssenyonjo had attempted to file the petition within the prescribed period. The judge said court records showed that the petition was filed on June 2, 2026, four days after the May 29 deadline, which followed the gazettement of the election results.
Justice Mugabo also criticised lawyer Sunday Rogers Bwanga over an affidavit in which he claimed to have attempted to file the petition on Ssenyonjo’s behalf but was prevented by a failure in the electronic court system.
The judge said the advocate’s conduct could warrant disciplinary action for misleading the court but declined to order disciplinary proceedings. The court ordered Ssenyonjo to pay costs to Kalanzi and the Electoral Commission-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
