The Kisoro Chief Magistrate’s Court has dismissed two applications filed by parliamentary aspirants challenging the outcome of the parliamentary elections held in Kisoro District on January 15, 2026.
The applications sought court orders for vote recounts in Bufumbira North and Bufumbira South constituencies following the declaration of results by the Kisoro District Returning Officer, Daniel Nayebare, on January 16.
The first application was filed by Sam Kwizera Bitangaro, an independent candidate in Bufumbira South, against Alex Niyonsaba Seruganda, Munyambabazi Adam, the Electoral Commission, and the Kisoro District Returning Officer. The second was filed by Kamara John Nizeyimana, an independent candidate in Bufumbira North, against Fortunate Habyara Gatare and Ngirarabakunzi Daniel.
In Bufumbira South, Seruganda of the NRM was declared winner with 23,897 votes, followed by Bitangaro with 22,913 votes, while Munyambabazi Adam of the ANT garnered 87 votes.
In Bufumbira North, Fortunate Habyara Gatare (NRM) was declared winner with 8,374 votes, narrowly defeating Kamara John Nizeyimana, who polled 8,289 votes.
Court proceedings began on Saturday at 10:00 a.m. with the hearing of Kamara’s application. Counsel Stephen Birikano, representing Gatare, objected to the proceedings, arguing that his client had not been properly served with court summons. He told court that Gatare was traveling to Ntungamo District to meet the President and had not received notice to attend court, despite being a resident of Kisoro and the declared winner.
Birikano argued that proper service of summons is a fundamental requirement of court procedure and that failure to effect service rendered the application incompetent. His submission was supported by counsel Augustine Akineza, who noted that under the law, lack of service warrants dismissal or adjournment.
Counsel Jude Mwasa, representing the Electoral Commission, submitted that a vote recount can only be ordered where there is clear proof of numerical errors or miscalculation of results.
In response, counsel Nabasa Rodger, representing Kamara, said his client was dissatisfied with the election results due to alleged irregularities at Ruturwe Catholic Church Polling Station, Bushunga Church of Uganda Polling Station, and others. He argued that the applicant sought a recount to verify the accuracy of the results, including voter gender distribution.
After considering submissions from all parties, Chief Magistrate His Worship Patrick Muhiga dismissed the application, ruling that the evidence presented was dishonest and did not meet the legal threshold required to warrant a recount.
After the lunch recess, court heard the second application filed by Bitangaro. His counsel, Nabasa Rodger, argued that several Declaration of Results (DR) forms contained arithmetic inconsistencies. He cited polling stations where the number of votes either exceeded or fell short of the number of registered voters or ballot papers issued.
The alleged discrepancies included 70 excess votes at Kabuhungiro Primary School Polling Station, eight excess votes at Iryaruhuri Trading Centre Polling Station, nine excess votes at Buhayo Primary School Polling Station, three fewer votes at Ruatare Church School Polling Station, 289 excess ballot papers at Bunagana Primary School Polling Station, and 144 excess ballot papers at Kabande Polling Station. Additional inconsistencies were reported in polling stations across Chahi, Nyarusiza, Nyakinama, and Bunagana Town Council.
Counsel Nabasa argued that the application sought to harmonize arithmetic errors on DR forms through a court-supervised recount of ballot boxes.
However, counsel Mwasa maintained that a recount can only be granted where credible and verifiable evidence of numerical errors or miscalculation is presented.
In his ruling, Chief Magistrate Patrick Muhiga dismissed the application, finding that the evidence relied upon was false, insufficient, and incapable of justifying a recount.
CUE IN MUHIGA……ON THE RULING……ENG//
