The High Court in Kabale has dismissed two preliminary objections raised by James Owebeyi in his election petition challenging the victory of Bukimbiri County MP Eddie Kwizera wa-Gahungu.
Justice Lubega Farouq, who is handling Election Petition No. 002 of 2026, dismissed the objections on Wednesday, ruling that Owebeyi had not provided sufficient evidence to invalidate affidavits filed by the Electoral Commission.
Owebeyi, who is representing himself, had challenged the validity of affidavits sworn by Nayabare Daniel and Eric Sabiti in support of the Electoral Commission’s case.
He argued that the signatures of Commissioner for Oaths Kakeeto Mahmood appearing on the affidavits differed materially, suggesting that the documents had not been properly commissioned under the Oaths Act.
Owebeyi asked the court to expunge the affidavits from the record.
However, Electoral Commission lawyer Kenneth Kipalu argued that the law does not require a deponent to verify the signature of a Commissioner for Oaths.
He also submitted that Owebeyi was not a handwriting expert capable of determining whether the signatures were authentic.
In his ruling, Justice Lubega said he had examined the signatures and found a slight variation but held that visual differences alone were insufficient to establish forgery.
The judge cited legal precedents which require convincing evidence, ordinarily from a handwriting expert, to prove that a signature was forged.
“Therefore, considering the above-cited authorities, I find that the visual variance in the impugned signatures is not fundamental to make the said affidavits a nullity,” Justice Lubega ruled.
He consequently declined to strike the affidavits from the court record.
Owebeyi had also objected to a supplementary affidavit filed by Mr Sabiti on September 15, arguing that paragraphs four to 10 raised matters that should have been dealt with during the nomination period.
He relied on an earlier case, Rushokora Victor v Niringiyimana Ruugi James & 2 others, in which the court dismissed an election petition over similar issues.
The Electoral Commission, however, argued that the supplementary affidavit was intended to respond to allegations raised by Owebeyi, particularly his claim that his name was missing from the voters’ register.
The commission told court that the facts contained in the supplementary affidavit came to its attention on polling day.
Justice Lubega said he had examined paragraphs four to 10 and found that they addressed allegations raised in Owebeyi’s petition.
He further distinguished the circumstances from those in the Rushokora case cited by the petitioner.
“Based on my findings above, I find no merit in the preliminary objections raised by the petitioner. He is hereby overruled on the two objections,” the judge ruled.
The ruling was delivered in open court in Kabale on September 16, 2026, in the presence of Owebeyi, Kwizera and their lawyers.
The substantive hearing of the election petition is scheduled for October 15 and 16.
