The matter came before court on September 30, when Kibuule’s lawyer, Frank Kanduho, asked court to allow the petitioner to call about 65 witnesses to testify orally.
The High Court in Mukono has allowed former State Minister for Water Ronald Kibuule to present oral evidence in his election petition challenging the results of the January 2026 Mukono County North parliamentary election.
Justice Godfrey Himbaza, in a ruling delivered on October 6, 2026, dismissed objections by Kibuule’s rival, Abdallah Kiwanuka, and ruled that the petitioner could proceed by way of viva voce (oral) evidence.
Kibuule filed the petition challenging the election outcome, alleging that the election was not conducted in accordance with electoral laws and that Kiwanuka’s victory was marred by multiple electoral malpractices, illegal practices and election offences.
He is seeking to have Kiwanuka’s election nullified and a fresh election ordered in Mukono North Constituency.
The matter came before court on September 30, when Kibuule’s lawyer, Frank Kanduho, asked court to allow the petitioner to call about 65 witnesses to testify orally.
Kiwanuka’s lawyers opposed the application, arguing that election petitions should primarily proceed through affidavits or witness statements, rather than the traditional system of calling witnesses to give oral testimony.
They cited amendments to the Civil Procedure Rules which introduced witness statements as a means of presenting evidence in civil cases. The lawyers also argued that allowing Kibuule to call dozens of witnesses orally could prolong the hearing and make it difficult for the respondents to prepare their defence.
However, Justice Himbaza found that oral testimony remains an acceptable mode of presenting evidence in election petitions.
The judge relied on previous Court of Appeal decisions, particularly Vincent Kayanja De Paul v Fabrice Rulinda & Another, which recognised oral evidence, affidavits and witness statements as permissible modes of presenting evidence.
Justice Himbaza noted that although Rule 15 of the Parliamentary Elections (Election Petitions) Rules provides for evidence by affidavit, subsequent judicial decisions had recognised other forms of evidence permitted under the Parliamentary Elections Act and Civil Procedure Rules.
The judge also rejected the argument that the 2019 amendments to the Civil Procedure Rules had abolished oral evidence, noting that Order 17, which provides for the examination of witnesses, remained in force.
Justice Himbaza further clarified that viva voce evidence means calling a witness, administering an oath and allowing the witness to testify from the witness box—not merely cross-examination and re-examination.
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In his orders, Justice Himbaza directed Kibuule’s lawyers to first lead the five witnesses whose affidavits are already on the court record before calling the other witnesses listed in the Joint Scheduling Memorandum to testify orally.
The respondents were allowed to choose whether to present their witnesses orally or through witness statements.
The court made no order as to costs.
The petition is before the High Court in Mukono under HCT-14-CV-EP-0003-2026, with the Electoral Commission and Kiwanuka Abdallah named as respondents.