On the first objection, the judge found that Kiwanuka had erred by framing his affidavit as a reply to Kibuule’s affidavit instead of setting out the facts supporting his answer to the petition. However, the court held that the error did not invalidate the answer.
The High Court in Mukono has cleared the way for the hearing of a petition challenging the election of Mukono County North Member of Parliament Kiwanuka Abdallah, ruling that the case should proceed on its merits.
The ruling was delivered on Wednesday, September 23, 2026, by Justice Godfrey Himbaza in an election petition filed by former MP Ronald Kibuule challenging the outcome of the January 15, 2026 parliamentary elections.
Kibuule had asked the court to nullify Kiwanuka’s election and order a fresh election, alleging that the election was marred by illegal practices, electoral offences and other irregularities.
Among the allegations raised in the petition were voter bribery, defacing of campaign posters, undue influence and alleged defamatory statements against Kibuule during campaign meetings.
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The petitioner also alleged that the Electoral Commission conducted polling in places that had neither been created nor gazetted, disenfranchising some voters, and that results were falsified at some polling stations. He further alleged that some polling stations closed before the statutory time.
The Electoral Commission and Kiwanuka are the respondents in the case.
The preliminary objections arose after Kibuule’s lawyers challenged two affidavits filed by Kiwanuka. They argued that the affidavit accompanying his answer to the petition did not properly set out the facts supporting his defence, while a second affidavit filed in reply to affidavits by the petitioner’s witnesses had no legal basis.
Justice Himbaza agreed with the petitioner on aspects of both objections but declined to terminate Kiwanuka’s defence.
On the first objection, the judge found that Kiwanuka had erred by framing his affidavit as a reply to Kibuule’s affidavit instead of setting out the facts supporting his answer to the petition. However, the court held that the error did not invalidate the answer.
The judge applied the doctrine of severance, allowing the defective portions of the affidavit to be removed while retaining paragraphs containing facts supporting Kiwanuka’s answer.
Justice Himbaza ordered that paragraphs nine and 15 of Kiwanuka’s April 17 affidavit, which contained facts supporting his answer, remain on record, while the other paragraphs were expunged.
Kiwanuka was also granted leave to give oral testimony on the contents of the expunged paragraphs and any other facts in support of his answer.
On the second preliminary objection, however, the court agreed with Kibuule’s lawyers that Kiwanuka had no legal basis to file an additional affidavit in reply to affidavits sworn by Kibuule’s witnesses.
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The court held that respondents have an opportunity to seek cross-examination of witnesses during the hearing rather than filing affidavits in reply.
The affidavit filed in reply to affidavits by Sadiq Ssenyonjo Wabbi, Musasizi Hassan, Tumwesigye Rajab, Arafat Matovu and Tebuseeke Mulushid was therefore struck out.
Despite the findings on the affidavits, the court emphasised that Kiwanuka’s answer to the petition remains unaffected.
Justice Himbaza consequently ordered that the election petition proceed to hearing on its merits, with no order as to costs.
The petition stems from the January 15 parliamentary election in Mukono County North, in which the Electoral Commission declared Kiwanuka the winner after he obtained the largest number of votes.
The substantive hearing will now determine whether the allegations raised by Kibuule are proved and whether they warrant any of the remedies sought in the petition, including nullification of Kiwanuka’s election and a fresh poll.
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