The High Court in Uganda is questioning the authenticity of some documents submitted by the Electoral Commission in the Busiro East election petition. The petition was filed by Hajji Abdul Kiyimba, who is challenging the election of independent MP Emmanuel Matovu Magoola. Conflicting figures in certified Declaration of Results (DR) forms from several polling stations have emerged, casting doubt on the integrity of the election process.
During cross-examination of petitioner Hajji Abdul Kiyimba, Magoola's lawyer, Robert Bautu, presented conflicting results from Mivule and Sumbwe Primary Schools. At Mivule, Kiyimba's form credited him with 323 votes, although the figure was written in words as "three twenty three" instead of "three hundred twenty three". The form also recorded voter turnout more than 233 votes higher than Magoola's, whose figure matched that on the District Woman Representative's form.
Further discrepancies were found at Sumbwe Primary School, where Kiyimba's form showed him with 463 votes and Magoola with 12, while Magoola's form recorded 28 votes for Kiyimba and 153 for himself. Court calculations also showed that more than 108 of the 600 ballot papers issued at the station could not be accounted for. Justice George Okello expressed concerns over the authenticity of Kiyimba's DR form, saying that whoever created the data did not do a good job.
Kiyimba declined to explain the discrepancies, saying the documents were certified copies obtained directly from the Electoral Commission and that the institution should account for the conflicting figures. He told the court that he requested the copies on February 24, paid Shs1.104 million following the Commission's assessment, and received the documents. He insisted that he had not submitted forms collected by his polling agents.
Magoola's lawyer, Robert Bautu, indicated that he would seek permission to cross-examine Electoral Commission officials who issued the documents, noting that certified copies given to Kiyimba and the District Woman Representative contained different figures. Forms obtained by Magoola's agents also differed. Justice Okello said he would want the Commission to explain which documents it relied on to declare Magoola the winner.
The Electoral Commission's lawyer, Eric Sabiiti, opposed an application to have its officials cross-examined by Magoola's lawyers, arguing that the two respondents shared similar interests. The judge directed Magoola's legal team to prepare a matrix detailing discrepancies in the contested DR forms from 130 polling stations. The case was adjourned to November 3, 2026.
Kiyimba is challenging Magoola's victory in which the Electoral Commission declared him the winner with 45,625 votes against Kiyimba's 28,499. The petition centres on the authenticity and accuracy of DR forms, which constitute primary evidence of votes cast at individual polling stations. The outcome of the petition will have significant implications for the integrity of Uganda's electoral process.
Key points
- The High Court has questioned the authenticity of some documents submitted by the Electoral Commission in the Busiro East election petition.
- Conflicting figures in Declaration of Results forms from several polling stations have emerged, casting doubt on the integrity of the election process.
- The case has been adjourned to November 3, 2026, as the court seeks to resolve the discrepancies in the DR forms.
