The High Court in Tororo has dismissed an election petition filed by Apollo Yeri Ofwono, upholding the election of Shyam Jay Tanna as Member of Parliament for Tororo Municipality. The court ruled that Ofwono failed to provide sufficient evidence of electoral malpractice. Lady Justice Rosemary N. Bareebe delivered the judgment on Friday, 30th October 2026, and dismissed the petition with costs.

According to the Electoral Commission, Tanna won the election with 5,781 votes against Ofwono's 4,829, defeating his National Resistance Movement (NRM) rival by 952 votes. Ofwono had challenged the outcome, accusing Tanna and individuals allegedly acting on his behalf of distributing money, food packages, and other benefits to influence voters during the campaign period.

Ofwono had alleged that Tanna distributed campaign-branded Christmas packages containing household items and Shs10,000 at Agururu B1. He also accused Tanna of contributing Shs1 million at the burial of Owino Stephen in Mudakori Village, donating Shs150,000 and plastic chairs to Nyangole Church, and giving Shs2 million to Agururu B Parish Community Group. However, Justice Bareebe found that although some incidents had occurred, the petitioner failed to establish the necessary connection between the alleged misconduct and Tanna.

The court noted that Tanna had admitted making a Shs1 million payment at Owino Stephen's burial but maintained that it was a customary contribution to support the bereaved family. The court also found insufficient evidence to support allegations that Tanna had donated Shs150,000 and plastic chairs to Nyangole Church. On the alleged Shs2 million payment to Agururu B Parish Community Group, Justice Bareebe noted that Ofwono had failed to produce convincing financial records.

The court rejected allegations of campaigning beyond permitted hours and distributing Shs20,000 to participants at a campaign gathering, saying the petitioner had failed to establish the precise time of the gathering, identify the alleged distributors, or demonstrate that the recipients were voters. The court also found no sufficient evidence of widespread violence, systematic intimidation, voter disenfranchisement, interference with ballot materials, or falsification of election results that could have affected the outcome.

Justice Bareebe acknowledged that Tanna and some witnesses had been evasive when responding to questions about certain incidents but emphasized that weaknesses in the respondents' explanations could not replace the evidence that the petitioner was required to present. Consequently, the court dismissed the petition, upheld Tanna's election, and ordered Ofwono to pay legal costs for both Tanna and the Electoral Commission.

Speaking to journalists after the ruling, Tanna welcomed the court's decision, saying the legal battle had consumed much of his time and that his attention would now return to serving the people of Tororo Municipality. He called on residents to remain united and calm, promising to focus on fulfilling the commitments he made during the election campaigns. His supporters celebrated the ruling in different parts of Tororo Municipality.

Key points

  • The High Court in Tororo has upheld Shyam Jay Tanna's victory as Member of Parliament for Tororo Municipality.
  • The court dismissed Apollo Yeri Ofwono's election petition, citing a lack of sufficient evidence of electoral malpractice.
  • Tanna won the election with 5,781 votes, defeating Ofwono by 952 votes.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.