The High Court in Fort Portal has dismissed an election petition challenging the victory of Kitagwenda District Woman Member of Parliament Dorothy Nyakato, upholding her election after finding that the petitioner failed to prove that the alleged electoral irregularities substantially affected the results.
In a judgment delivered on November 9, 2026, Justice Joanita Bushara dismissed a petition filed by Ninsiima Grace, who had challenged Nyakato’s victory in the January 15, 2026 parliamentary election.
The court also ordered Ninsiima to pay costs to Nyakato and the Electoral Commission, the second respondent in the case.
Nyakato was declared the winner with 31,218 votes against Ninsiima’s 17,483, giving her a victory margin of 13,735 votes. The results were gazetted on February 6, 2026.
Ninsiima had asked the court to annul the election and declare her the duly elected representative or, alternatively, order a fresh election.
She accused the Electoral Commission of failing to conduct the election in accordance with electoral laws, citing alleged irregularities in declaration of results forms, premature closure of polling stations, unauthorised voting, personation, ballot stuffing, interference with polling agents and voter intimidation.
She also accused Nyakato, personally or through people allegedly acting with her knowledge and approval, of bribing voters with money and other benefits to secure electoral support.
However, Justice Bushara ruled that although some administrative irregularities and cases of misconduct were established, the petitioner failed to demonstrate that they substantially affected the declared election results.
The judge acknowledged that several declaration of results forms contained clerical and reconciliation errors, including arithmetic discrepancies, figures entered in wrong spaces and incomplete totals.
She, however, said the petitioner failed to provide a station-by-station recalculation showing how the errors affected the candidates’ respective votes or produce an alternative tally to challenge the declared results.
“The reconciliation errors are proved, but falsification of the candidate totals and any resulting change in the declared vote are not proved,” Justice Bushara ruled.
The court also dismissed allegations that polling stations were unlawfully closed before the official time, finding that no voter who arrived during lawful polling hours or was in the queue at 4pm was identified as having been denied an opportunity to vote.
On allegations of personation and voting in the names of deceased voters, the judge said the petitioner failed to provide death certificates, burial records or independent evidence establishing that the named individuals were dead by polling day or that anyone had voted in their names.
The court, however, found evidence of improper handling and marking of three ballot papers at Kyendangara Market polling station, where a witness testified that a presiding officer had been found with a ballot book under his desk and three ballot papers marked in favour of Nyakato.
Justice Bushara said the evidence did not establish that the three ballot papers were placed in the ballot box, treated as valid or included in the final tally.
The judge also found credible evidence of local intimidation and interference with polling agents at some stations but said the petitioner had not demonstrated that the incidents prevented a specific number of voters from casting their ballots or changed the declared results.
On the bribery allegations, the court examined mobile-money transaction records, WhatsApp conversations, video evidence and testimony from witnesses who claimed that money had been distributed to voters in exchange for electoral support.
The petitioner had relied on evidence of payments involving Sadamu Husein and Akampurira Hudhaipher, among others, to argue that Nyakato or people acting on her behalf had engaged in vote buying.
However, the judge ruled that although some mobile-money transactions and distributions were established, the evidence did not sufficiently identify Nyakato as the sender of the money or establish that she authorised or approved the alleged payments.
Justice Bushara emphasised that being related to a candidate or supporting their political campaign was not sufficient proof that someone was acting as the candidate’s agent.
“The evidence raises a substantial suspicion of vote buying, but it does not identify a proven chain from the first respondent to the distributors or establish her knowledge, consent, or approval,” the judge ruled.
The court further rejected allegations that solar lamps had been distributed to voters as an inducement to support Nyakato, saying the video evidence only corroborated the installation of a lamp but did not establish that the candidate had promised or authorised its distribution.
On the overall impact of the irregularities, Justice Bushara said the petitioner had failed to demonstrate that the established administrative defects and isolated acts of misconduct were sufficiently widespread or significant to undermine the electorate’s choice.
The judge noted that the three improperly marked ballot papers were numerically insignificant compared to the 13,735-vote margin and were not proved to have entered the final tally.
Consequently, the court dismissed the petition, confirmed the declaration and return of Nyakato as the duly elected Kitagwenda District Woman Representative to Parliament and rejected Ninsiima’s prayers for a fresh election or declaration that she had been validly elected.
