Wakiso High Court on Thursday afternoon granted Busiro East Member of Parliament Emmanuel Matovu Magoola a last opportunity to file affidavits supporting a police forensic report central to his defence in an election petition.
The presiding Judge, Justice George Okello made the ruling on Thursday afternoon during a scheduling conference in the petition brought by National Resistance Movement candidate Hajji Abdul Kiyimba, who is challenging Magoola’s victory in the January 2026 general elections.
According to official results, Magoola, who ran as an independent with National Unity Platform backing, secured 45,625 votes against Kiyimba’s 28,499, a margin of more than 17,000.
Kiyimba petitioned the court, claiming the Electoral Commission illegally declared Magoola the winner after making tallying errors. Magoola’s legal team examined the DR forms relied upon by Kiyimba and identified about 130 that they allege were forged.
Those documents were submitted to the Uganda Police Directorate of Forensic Services for examination. When the matter first came before court, Magoola sought leave to file both the forensic report and supporting affidavits from the officers who prepared it. The court granted three weeks.
By the time the case returned for the scheduling conference, Magoola’s team had filed the police report but without the accompanying affidavits. Kiyimba’s lawyers objected to any further extension, arguing that sufficient time had already been given and warning that repeated applications risked endless delays.
Abdul Kantuntu, one of Magoola’s counsel, explained that the team had obtained the report but struggled to secure the affidavits. He said the two police officers required to swear the documents had been occupied with other cases across the country and were not readily available.
“My Lord, one of them was in Masaka yesterday as a witness. But we are trying to get them if the court allows one more week,” Kantuntu told the court. Justice Okello underlined the importance of the forensic evidence, noting that the entire petition turns on the authenticity of the DR forms.
“Everything goes to the DR forms. Which is correct and which is not. And it is in the interest of both parties to know the truth. And we shall go on to examine each one of them if possible… Court is also interested in the expert report on the forms, and I would like to hear from the experts who prepared the report speak to it. And I am sure the petitioner would like to cross-examine them too,” the judge said.
The court also noted that another route to verifying the forms would have been official copies from the Electoral Commission.
However, when the EC filed its response to the petition, it attached no annexures or DR forms. EC lawyer, Eric Sabiti, confirmed the commission had not filed the documents and initially indicated it would rely on those already presented by the parties. When the judge raised the issue of neutral EC records, Sabiti offered to produce all the DR forms and related materials still in the commission’s custody.
Justice Okello expressed concern that the records’ integrity could no longer be guaranteed at this stage and questioned why the EC had not filed them earlier given their centrality to the case.
Davis Wisely Tusungwire, another lawyer on Magoola’s team, later indicated they would oppose any late introduction of EC materials, arguing it could prejudice their client even though both respondents are aligned against the petition.
After an off-record discussion, Kiyimba’s lawyers withdrew their objection to the extension request but insisted this must be the final opportunity granted to the respondents on the matter.
The judge agreed, giving Magoola one week to file the affidavits and allowing the petitioner two days thereafter to respond if necessary.
The case was fixed for hearing on 29 October 2026, when Kiyimba, the sole witness for the petitioner, is expected to face cross-examination.
During the conference, the parties agreed the trial would centre on four issues: whether there was non-compliance with the provisions of the Parliamentary Elections Act in the Busiro East election; if so, whether that non-compliance substantially affected the results; whether the Electoral Commission unlawfully declared and returned Magoola as the duly elected Member of Parliament; and the remedies available to the parties. The petition forms part of a series of post-election challenges from the January 2026 polls being handled at Wakiso High Court-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
