The High Court in Wakiso has allowed former National Resistance Movement (NRM) candidate Daniel Kananura to withdraw his election petition challenging the victory of National Unity Platform (NUP) MP George Musisi in Kira Municipality, with each party ordered to bear its own costs. Justice George Okello, who presided over the case, delivered the ruling on Wednesday and declared Musisi validly elected as the directly elected Member of Parliament for Kira Municipality.
The decision brings the election dispute to an end without a determination of the allegations against Musisi on their merits. In his ruling, Justice Okello criticised the quality of Kananura’s petition, describing it as “very badly prepared from the start”. The judge said he had observed several attempts by the petitioner’s lawyers to use cross-examination to fill gaps in their case.
“I agree that the petition was very badly prepared from the start,” Justice Okello said. Kananura had applied to withdraw the petition on October 8, 2026, as the trial approached its conclusion. The final Electoral Commission witness was scheduled for cross-examination on October 12, after which the parties would have proceeded to file written submissions.
In his affidavit, Kananura said that after reflecting on the case and consulting voters in Kira Municipality, he realised that key evidence needed to prove his allegations to the required legal standard was no longer available. He blamed his former lawyers for filing the petition in a rush and leaving out evidence that would have helped establish his case. He maintained that the withdrawal was made in good faith and was not influenced by a corrupt bargain or financial compensation.
However, Justice Okello expressed doubt about the explanation, observing that Kananura had sufficient time after the election results were declared to gather evidence and present it to court. The judge also noted that the petitioner had not specified the evidence allegedly omitted by his former lawyers.
Kananura filed the petition on March 31, 2026, alleging violence, intimidation, voter bribery, vote-rigging and collusion between Musisi, his agents and Electoral Commission officials. He also challenged the authenticity of the results recorded on declaration forms, arguing that he would have won had the votes been properly counted.
According to the results cited in the petition, Musisi was declared the winner with 21,561 votes, followed by former area MP Ibrahim Ssemujju Nganda with 14,685 votes. Kananura finished third with 6,927 votes, while the other candidates each polled fewer than 550 votes. By the time Kananura sought to withdraw the case, the trial had progressed substantially, with cross-examination of the petitioner, Musisi, and several witnesses already completed.
Musisi’s lead counsel, Erias Luyimbaazi Nalukoola, and Electoral Commission lawyer Patrick Wetaka did not oppose the withdrawal but asked the court to award their clients costs. They relied on Section 84(4) of the Parliamentary Elections Act, which provides that a petitioner who withdraws an election petition shall be liable to pay the respondent’s costs.
Justice Okello, however, held that the word “shall” in the provision was directory rather than mandatory, relying on Supreme Court guidance in presidential election cases. The judge noted that the court had previously ordered Kananura to pay half the costs arising from applications in which his amended petition was struck out. Those costs had not yet been taxed or paid.
“Given the circumstances of this case, especially where the withdrawal happened towards the end of the trial, I would have awarded each respondent 50 per cent of the taxed costs,” Justice Okello said. “But because this court did award costs to the respondents in miscellaneous applications number 48 and 69 of 2026… this court finds it just, fair and equitable not to saddle the petitioner with more cost burdens.”
He consequently ordered that each party bear its own costs of the election petition and the withdrawal application. Kananura was absent when the ruling was delivered and was represented by his lawyer, Allan Charles Bukuwa, who later described the decision as fair.Nalukoola said Musisi would have preferred an award of costs but would respect the court’s decision and would not appeal. Given that the withdrawal came towards the end of the trial, Justice Okello declared that Musisi “was validly elected and duly sworn as the directly elected Member of Parliament representing Kira Municipality constituency”.The court did not make a substantive determination of the allegations of electoral malpractice because the petition was withdrawn. The ruling nevertheless closes the legal challenge brought by Kananura against Musisi’s election to the 12th Parliament-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
