By KT Reporter
The Supreme Court in Kampala has framed four issues for determination arising from a petition in which former presidential candidate Robert Kasibante seeks to overturn the victory of President-elect and incumbent Yoweri Kaguta Museveni, arguing that the election was conducted in non-compliance with the law. The issues were framed before a panel of nine Supreme Court justices led by the Chief Justice, Dr. Flavian Zeija. Other justices on the panel are Percy Night Tuhaise, Mike Chibita, Elizabeth Musoke, Stephen Musota, Christopher Madrama, Catherine Bamugemereire, Monica Mugenyi, and Muzamiru Mutangula Kibedi.
The first issue is whether there was non-compliance with the provisions and principles of the Presidential Elections Act and the Electoral Commission Act in the conduct of the 2026 presidential election. This includes alleged discrepancies between votes tallied at polling stations and the final declared results; alleged violations of the Electoral Commission (Manner of Use of Biometric System) Regulations, 2025, including failure to integrate the National Voters Register with Biometric Voter Verification technology; and the alleged partisan involvement of the army in the electoral process.
The second issue is whether, if non-compliance is proved, it affected the results of the election in a substantial manner. The third issue is whether electoral offences, including allegations of bribery and the use of coercive, abusive, or intimidating language, were committed by President Museveni either personally or through agents acting with his knowledge, consent, or approval. The fourth issue is whether the petitioner is entitled to the remedies sought. Among the remedies sought, Kasibante is asking the court to order the Electoral Commission to conduct fresh presidential elections.
After framing the issues for determination, the justices proceeded to mark the documentary exhibits that Kasibante intends to rely on to support his case. These include letters he wrote to the Electoral Commission raising complaints about the conduct of the election, particularly the alleged holding of elections in about 15,000 polling stations that were not gazetted. The documents were earlier filed by Kasibante’s lawyers, led by Dr. Julius Galisonga, John Isabirye, and Ivan Bwowe as part of the petitioner’s evidence in support of the grievances raised before the court.
Chief Justice Dr. Flavian Zeija later directed that any cross-examination of the Electoral Commission Chairperson, Justice Simon Byabakama, and the Deputy Attorney General, Jackson Kafuuzi, by Kasibante’s lawyers—if allowed by the court—will take place on February 9, 2026. Further directions were issued requiring Kasibante to file and serve his submissions on the petition by February 13, 2026. The Electoral Commission and the Attorney General, who are the second and third respondents respectively, are to respond by February 15, 2026.
Parties will then return to court on February 18, 2026, when the court will determine whether submissions need to be highlighted and announce the judgment date. However, parties were also directed to return to court on February 6, 2026, to receive a ruling on Kasibante’s application seeking recovery of several documents from the Electoral Commission, which he argues are of evidential value to his case. Kasibante notes that Museveni was declared the winner of the election with 7,946,772 votes, ahead of Robert Kyagulanyi Ssentamu, who obtained 2,741,238 votes.
Other candidates included Nathan Nandala Mafabi with 209,039 votes, Gen. Gregory Mugisha Muntu with 59,276 votes, Frank Bulira with 45,959 votes, Mubarak Munyagwa with 31,666 votes, while Kasibante himself garnered 33,440 votes. Kasibante is asking the court to compel President Museveni to disclose all election-related documents in his possession, including a complete list of polling stations and certified copies of Declaration of Results (DR) forms from every polling station used in the presidential election.
He is also seeking access to the back-end systems of the Biometric Voter Verification System (BVVS), the Electronic Results Transmission and Dissemination System (ERTDS), and the Electoral Commission’s tallying software. Kasibante wants court permission for an independent forensic audit of these electronic systems to establish how results were transmitted and compiled. A ruling on this application is expected on Friday.
Speaking to Uganda Radio Network after court, Attorney General Kiryowa Kiwanuka said Kasibante’s case against the President and the government is unclear, arguing that the petitioner has failed to specify even a single polling station where the alleged irregularities occurred, despite claiming that elections were held in 15,000 ungazetted polling stations.
President Museveni’s lawyers, led by Ebert Byenkya and Edwin Karugire, together with the Electoral Commission’s lawyers led by former Attorney General Mwesigwa Rukutana, are opposing both the application for recovery of documents and the main petition, arguing that they lack merit and should be dismissed with costs.
-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
