The High Court in Kampala has dismissed an application by former Kawempe Division South parliamentary candidate Fred Nyanzi Ssentamu, of the National Unity Platform (NUP), seeking access to original electoral documents from 73 polling stations. Nyanzi is challenging the results of the January 15, 2026 parliamentary election, in which Madina Ntale Nsereko of the National Resistance Movement (NRM) was declared the winner with 18,591 votes against Nyanzi's 11,292 votes.
Lady Justice Faridah Shamilah Bukirwa Ntambi, sitting in the Civil Division, dismissed the application after finding that Nyanzi had not provided sufficient evidence to justify an order for discovery and inspection of the documents. Nyanzi had cited several polling stations where he alleged discrepancies between results obtained by his polling agents and certified results held by the Electoral Commission.
Nyanzi's application sought access to various electoral records, including Official Report Books, original Declaration of Results Forms, Accountability of Ballot Paper Forms, Scanner Print-Out Reports, and Deployment Books. He claimed that at some polling stations, such as St James Church, there were significant differences between the results obtained by his agents and the certified results.
The Electoral Commission and Nsereko opposed the application, arguing that Nyanzi had failed to establish sufficient grounds for discovery and inspection. They contended that the documents sought had not been shown to be necessary for determining the issues raised in the election petition and described the request as a fishing expedition.
Justice Bukirwa Ntambi rejected the respondents' preliminary objection that the application was premature and could delay the expedited hearing of the election petition. However, she found that Nyanzi had failed to establish the evidential basis required for the court to order production of the documents.
The court found that Nyanzi had identified the 73 polling stations and listed alleged irregularities but had not attached the specific Declaration of Results Forms he claimed had been issued to his polling agents. As a result, the court said it could not make a preliminary comparison between the forms allegedly obtained by Nyanzi's agents and the certified copies held by the Electoral Commission.
The court ordered that costs of the application would abide by the outcome of the main election petition. Nyanzi had sought to have the court annul Nsereko's election and declare him the duly elected Member of Parliament for Kawempe Division South, citing allegations of vote switching and manipulation at several polling stations.
Key points
- The High Court in Kampala dismissed NUP's Fred Nyanzi's application to inspect electoral documents from 73 polling stations.
- Nyanzi had sought access to documents to support his claims of vote irregularities and manipulation in the January 15, 2026 parliamentary election.
- The court's decision may impact the outcome of the main election petition.
