The High Court in Mukono will, on Wednesday, deliver its ruling on an application by former Ronald Kibuule in which he is seeking to have an affidavit by the Mukono North MP Abdallah Kiwanuka struck out of the court record. The application has raised a preliminary legal battle in the election petition in which Kibuule is challenging Kiwanuka’s victory in the 2026 parliamentary election.
Kibuule’s lawyers, led by Frank Kandiho and Ivan Bwowe, argued before Justice Godfrey Himbaza that Kiwanuka’s answer to the petition and accompanying affidavits do not comply with the legal requirements governing parliamentary election petitions. The lawyers asked the court to reject the disputed documents and allow the petition to proceed without Kiwanuka’s defence.
Kandiho argued that rather than setting out the facts upon which Kiwanuka relies to defend his election victory, the respondent’s answer largely attacks the affidavit filed by Kibuule in support of the petition. The lawyers also challenged an additional affidavit filed on behalf of Kiwanuka, arguing that the election petition rules do not provide for such evidence to be introduced in the manner in which it was filed.
The objection follows an earlier application by Kibuule’s legal team when the matter came before Justice Himbaza on Monday. The court adjourned the case to allow Kiwanuka’s lawyers to respond to the preliminary objection.
Kiwanuka’s lawyers opposed the application, maintaining that their client’s defence had been filed in accordance with the law. They asked the court for time to respond to the objection, saying the application had come as an ambush and required a proper response.
Kiwanuka, who is represented by lawyer Medard Lubega Sseggona and his legal team, has also disputed the claim that his defence was improperly filed. He said the issues raised by Kibuule’s lawyers were not new and maintained that the documents filed by his side were intended to answer the allegations contained in the petition.
During Tuesday’s proceedings, Kibuule’s lawyers also raised an objection concerning Kiwanuka’s position in the courtroom and the seating of some members of his legal team. They asked Justice Himbaza to direct Kiwanuka and his assistants to leave seats reserved for advocates.
The judge granted the request, directing the affected persons to vacate the lawyers’ designated area. The courtroom dispute came as the parties awaited the judge’s decision on whether Kiwanuka’s defence documents should remain part of the record.
Kiwanuka, however, maintained that the objections were diverting attention from the substantive issues raised in the election petition. The court is yet to determine the merits of Kibuule’s allegations against Kiwanuka. The application is on whether Kiwanuka’s defence documents meet the legal requirements for consideration in the petition.
Kibuule, a former State Minister for Water and former Mukono North MP, is challenging Kiwanuka’s election and has raised allegations of electoral irregularities and non-compliance with electoral laws. He is also seeking, among other remedies, a recount of votes cast in the constituency. The petition is one of several election disputes arising from the 2026 General Election currently before the High Court in Mukono-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
