Kampala, Uganda: President Yoweri Museveni, the Electoral Commission and the Attorney General have told the Supreme Court of Uganda that they do not oppose former National Peasants Party (NPP) presidential candidate Robert Kasibante’s application to withdraw his election petition, provided he pays their legal costs.
In separate affidavits filed in response to Kasibante’s Notice of Motion, all three respondents argue that the petition could not be successfully prosecuted on the basis of the pleadings and evidence before the court, and insist that President Museveni was validly elected in a free and fair poll held on January 15, 2026.
Museveni, the first respondent, was represented through an affidavit sworn by Enoch Barata, Director of Legal Services at the National Resistance Movement (NRM), who stated that the petition was incapable of being proved.
“I know that the Petition could not be successfully prosecuted and proved on the basis of the pleadings and evidence filed in this Honourable Court,” Barata deponed.
While Museveni does not oppose the withdrawal of both the main petition and the application for discovery, Barata prayed that the withdrawal be allowed with costs awarded to the President, arguing that Kasibante is abandoning the case after respondents had already incurred expenses.
Barata further denied any agreement or undertaking between Museveni and Kasibante regarding the filing or withdrawal of the petition, stressing that the withdrawal is solely the petitioner’s decision.
The Electoral Commission took a similar position through its commissioner and advocate Stephen Tashobya, who told court that the EC has no objection to the withdrawal but seeks reimbursement of costs already incurred.
“I know that the Petition cannot be successfully prosecuted and proven on the basis of the Petitioner’s pleading and evidence filed in this Honourable Court,” Tashobya stated.
He disclosed that after being served with the petition and the discovery application, the EC engaged Mwesigwa Rukutana & Co. Advocates and has since incurred “significant and substantial costs” defending the matter.
Tashobya also denied claims of any settlement or agreement with Kasibante over the withdrawal.
On behalf of the Attorney General, Deputy Attorney General Jackson Kafuuzi Karugaba told court that the petition lacks merit and that the 2026 presidential election complied with the Constitution, the Presidential Elections Act and the Electoral Commission Act.
“The Petition has no merit,” Karugaba stated, adding that the Attorney General does not oppose the withdrawal but equally seeks costs.
Kasibante filed his application to withdraw Presidential Election Petition No. 1 of 2026 on February 5, 2026, citing prohibitive financial and technical requirements involved in pursuing his case, particularly the nationwide audit of election materials he had sought.
In his supporting affidavit, Kasibante said the discovery process would require processing vast volumes of electronic data, including declaration forms, biometric voter verification records, vote scanners and Electoral Commission servers used across the country.
“The estimated cost of executing the audit and processing the data required to substantiate the grounds of the petition is exponentially high and prohibitive,” Kasibante stated, adding that engaging independent forensic experts was beyond his financial means.
The withdrawal application came shortly after the Supreme Court, sitting as a nine-justice panel led by Chief Justice Flavian Zeija, framed four issues for determination and adopted submissions from all parties.
At that earlier hearing, Kasibante was represented by lawyers led by Dr Julius Galisonga, alongside John Isabirye and Ivan Bwowe. He had indicated that he intended to call eight witnesses.
Kasibante’s petition challenged Museveni’s declaration as winner of the presidential election, alleging non-compliance with electoral laws, including claims of ungazetted polling stations, irregular tallying and transmission of results, and misuse of biometric voter verification machines.
The Electoral Commission denied all allegations, maintaining that no ungazetted polling stations existed and that the election was conducted in accordance with the law.
The Supreme Court is yet to fix a date to hear Kasibante’s application to withdraw the petition. Under the law, a presidential election petition may only be withdrawn with leave of court.
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