Nameere, an NRM candidate, had lost by 5,119 votes but subsequently applied for a recount, alleging that results from 11 polling stations had been omitted.
The High Court in Masaka has upheld the election of Nameere Justine as the Woman Member of Parliament for Masaka City, ruling that irregularities in a vote recount that overturned her rival’s initial victory did not substantially affect the final result.
In a judgment delivered on October 21, 2026, in Election Petition No. 5 of 2026, Justice Bernard Namanya dismissed a petition filed by Nalubowa Rose, who had challenged Nameere’s election following a controversial recount.
The court found that the recount, which reversed the Electoral Commission’s initial declaration of Nalubowa as the winner, was conducted in breach of electoral law because the integrity and security of several ballot boxes had been compromised.
However, Justice Namanya ruled that the petitioner had failed to demonstrate that the irregularities substantially affected the election outcome.
“Even if all those excluded votes were added to Nalubowa Rose’s tally, her total would rise to 24,529 votes, leaving Nameere Justine ahead by 973 votes,” the judge held.
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How the recount changed the outcome
According to court records, Nalubowa, who contested on the National Unity Platform (NUP) ticket, was initially declared the winner by the Electoral Commission on January 16, 2026, after polling 25,443 votes against Nameere’s 20,324.
Nameere, an NRM candidate, had lost by 5,119 votes but subsequently applied for a recount, alleging that results from 11 polling stations had been omitted.
In Miscellaneous Cause No. 4 of 2026, Chief Magistrate Asiimwe Abert ordered a recount of all 314 ballot boxes on January 30, 2026, subject to the condition that the boxes had not been tampered with.
The recount, which continued until February 1, reversed the initial results and gave Nameere 25,502 votes against Nalubowa’s 23,176.
Other candidates included independent candidate Nanyonga Sauya, who garnered 5,921 votes, and Democratic Front candidate Nakabuye Juliet Kakande, who received 6,136 votes.
Nameere was subsequently declared the winner and gazetted.
Court finds ballot boxes compromised
In his judgment, Justice Namanya found that the Chief Magistrate proceeded with the recount even after evidence emerged that the security and integrity of several ballot boxes had been compromised.
The court identified irregularities at nine polling stations, where some ballot boxes were found unsealed, empty or missing cast ballot papers despite evidence of used ballot booklets. In other instances, the contents of the boxes were inconsistent with tally sheets.
At Bwala Primary School polling station in NAKAO-Z, for example, the ballot box was found without any cast ballot papers. At Serinya Primary School in Kabagabo, there was no evidence of declared invalid votes.
The judge held that the irregularities amounted to non-compliance with sections 75, 76 and 77 of the Parliamentary Elections Act.
The court also found that the Electoral Commission had breached its statutory duty under section 71 of the law to ensure the safe custody of election materials.
Despite these findings, the court said establishing electoral irregularities alone was insufficient to nullify an election. The petitioner also had to demonstrate that the non-compliance substantially affected the election result.
Why Nalubowa’s petition failed
The nine polling stations affected by the irregularities had 3,886 registered voters, but only 1,353 votes had actually been cast.
Justice Namanya reasoned that even if all the votes from the excluded polling stations were credited to Nalubowa, she would still trail Nameere by 973 votes.
“The exclusion of 1,353 actual votes therefore did not affect the election result in a substantial manner,” the judge ruled.
The court further found that Nalubowa had not proved that the vote totals certified by the Chief Magistrate after the recount were erroneous.
Consequently, the court rejected her request to overturn Nameere’s election and declare her the duly elected Woman MP for Masaka City.
The dismissal of the petition confirms Nameere’s victory, notwithstanding the court’s finding that the recount process did not fully comply with electoral law.
The issue of costs will be determined in a subsequent ruling.
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