The High Court in Uganda has dismissed a petition filed by former Aruu County MP Samuel Odonga-Otto, who contested the election of Christopher Komakech in January 2026. Justice Fatuma Nanziri Bwanika delivered the judgment on Thursday, November 5, 2026, at the High Court sitting in Patongo Town Council, Agago district. The court ruled that Odonga-Otto failed to prove that alleged electoral irregularities substantially affected the outcome of the parliamentary election.

Christopher Komakech, who contested on the National Resistance Movement (NRM) ticket, was declared the winner with 10,455 votes, while Odonga-Otto, an independent candidate, polled 10,429 votes, a difference of 26 votes. This narrow margin led to a court battle, with Odonga-Otto arguing that there were electoral irregularities, including issues with the Biometric Voter Verification Machines and the rejection of 175 votes cast in his favor.

The two politicians have a history of contesting election results, dating back to 2021, when Komakech first defeated Odonga-Otto, ending his long stay as Aruu County MP. Odonga-Otto challenged Komakech's election, arguing that he had not properly resigned from his employment as a psychiatric nurse at Butabika National Referral Hospital before contesting for parliament. The Gulu High Court nullified Komakech's election and ordered fresh polls, but the Court of Appeal later overturned this ruling.

In the January 2026 election, Odonga-Otto first sought a recount at the Pader Chief Magistrate's Court, arguing that the narrow margin between him and Komakech warranted a recount. However, the court dismissed the application due to issues with the security seals on some ballot boxes. Odonga-Otto then petitioned the High Court, asking it to overturn Komakech's victory, citing various irregularities, including the failure to conduct a recount.

Justice Bwanika found that the returning officer, Eric Gimei, had declared Komakech the winner before acknowledging receipt of Odonga-Otto's recount request. The judge ruled that the returning officer could not conduct a recount after declaring the results. While the court acknowledged shortcomings in ensuring the safe custody of ballot boxes, it found that Odonga-Otto had not provided sufficient evidence to show that this changed the final results.

The court rejected the argument that the narrow winning margin alone was enough to overturn the election, with the judge ruling that the mere fact that the winning margin was only 26 votes was not evidence that any alleged non-compliance affected the result. The court dismissed Odonga-Otto's petition and awarded costs to Komakech, who had successfully defended his election.

However, the Electoral Commission was not awarded costs due to lapses identified in its handling of the ballot boxes. With the petition dismissed, Christopher Komakech remains the Aruu County MP. The court's decision brings an end to another election dispute between Komakech and Odonga-Otto, who have been on opposing sides of election disputes since 2021.

Key points

  • The High Court dismissed Odonga-Otto's petition, citing lack of evidence that alleged irregularities affected the election outcome.
  • The court ruled that the narrow winning margin of 26 votes was not sufficient to overturn the election.
  • Christopher Komakech remains the Aruu County MP after successfully defending his election.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.