In Summary: Although the court established that violence and disruption occurred at Budongo (A-I) polling station, it ruled that the incident did not substantially affect the election outcome. Azalwa won with 20,065 votes against Akamba’s 19,093, a margin of 972 votes. ULII+1
Iganga, Uganda — The High Court in Iganga has dismissed with costs an election petition filed by former Busiki County Member of Parliament Paul Akamba, confirming Waiswa Joel Azalwa as the validly elected MP for the constituency in Namutumba District.
In a judgment delivered on November 10, 2026, Justice Patience Tumusiime E. Rubagumya ruled that Akamba had failed to provide sufficient admissible evidence to overturn the results of the January 15 parliamentary election.
Azalwa was declared winner with 20,065 votes against Akamba’s 19,093, giving him a margin of 972 votes. His election was subsequently gazetted on March 2, 2026.
Akamba had asked court to nullify Azalwa’s victory, declare him the winner or order fresh elections, citing alleged ballot stuffing, multiple voting, bribery, violence, abduction of polling agents, defacement of campaign posters and irregularities in the tallying of results.
However, the petition encountered evidential challenges after the court excluded several affidavits and electronic materials presented in support of the allegations.
Justice Rubagumya struck out affidavits from four presiding officers, ruling that they had not obtained the necessary Electoral Commission authorisation to disclose information acquired in the course of their official duties. The affidavits were described as “incurably defective”.
The judge also excluded videos, transcripts and call data records intended to connect individuals identified as Bikaba Ashiraf, Kirya Joshua, Walusansa Mukuve and Mugeni Amir to Azalwa, citing failures to establish authenticity and maintain the required chain of custody.
Court establishes disruption at one polling station
Of the 194 polling stations in Busiki County, the court found evidence of electoral non-compliance at only Budongo (A-I) polling station at Namutumba Primary School.
The court heard that a group led by Bikaba invaded the polling station, seized a police officer’s phone, assaulted an election agent and attempted to pre-tick ballot papers.
Police intervened, and voting resumed after approximately one hour. The court found that no pre-ticked ballot papers had entered the ballot box.
Despite establishing that violence and disruption occurred, the judge ruled that the incident was insufficient to invalidate the overall election result.
“I find that the disruption of voting at Budongo (A-I) Namutumba Primary School polling station did not affect the result of the election in a substantial manner,” Justice Rubagumya ruled.
The court also examined allegations of irregularities at other polling stations, including Nalusolo, where Akamba claimed Azalwa had received 473 votes out of 472 ballot papers issued. However, the tally sheet presented in court showed that 470 votes had been cast out of 541 registered voters.
At other polling stations, the judge noted inconsistencies in witness accounts, while some polling agents had signed Declaration of Results forms without raising complaints. The petitioner also failed to produce relevant voters’ registers or death certificates to substantiate allegations that deceased or absent persons had voted.
Court rejects bribery and violence allegations
The court also considered four alleged incidents of bribery involving Shs50,000 to the Muzaddetagulwa group, Shs200,000 to the Zibulatudde group, Shs600,000 to the Makenha Youth Emyooga group and Shs160,000 to the Ssekawuka group.
However, Justice Rubagumya found no cogent and independent evidence establishing that Azalwa had provided the money to influence voters or that the individuals involved were acting on his behalf.
On allegations of violence, the court similarly found insufficient evidence connecting the alleged attackers to Azalwa or establishing that they acted with his knowledge, consent or approval.
In dismissing the petition, the judge emphasised the standard of proof required in election disputes. “An election petition is not decided on suspicion, however genuinely held, but on cogent evidence,” she observed.
The court consequently dismissed Akamba’s petition, upheld Azalwa’s election and awarded costs to Azalwa alone.
Although the Electoral Commission was also successful in defending the petition, the judge declined to award it costs, noting that the Commission had a responsibility to ensure elections were conducted in a free and safe environment, yet violence had disrupted voting at Budongo (A-I) polling station.
The ruling brings to a close the High Court challenge to Azalwa’s election, although it was not immediately clear whether Akamba intended to appeal.
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