What you need to know:
- Following Nameere’s testimony, her lead counsel, Anthony Baziira, informed the court that the defence was withdrawing five scheduled witnesses and requested their affidavits be expunged from the record.
The High Court in Masaka will on Wednesday deliver its judgment in the high-stakes election petition filed by National Unity Platform (NUP) candidate Rose Nalubowa, challenging the election of Justine Nameere as the Masaka City Woman Member of Parliament.
According to a judgment notice issued and signed by Masaka High Court Deputy Registrar Roy Karungi, the ruling will be delivered via email at noon before Justice Bernard Namanya.
Nalubowa dragged Nameere, who also serves as the State Minister for Local Government, alongside the Electoral Commission to court, seeking the nullification of Nameere’s victory and requesting that court declare her the duly elected legislator.
The core of Nalubowa’s suit centers on a controversial vote recount conducted in February 2026 by Masaka Chief Magistrate Albert Asiimwe. While initial provisional tallies from the January 15 parliamentary election showed Nalubowa leading with 25,443 votes against Nameere’s 20,324 votes—a margin of 5,119 votes—the recount overturned the results, handing Nameere victory with 25,502 votes to Nalubowa’s 23,176 votes.
The recount process drew significant legal scrutiny after observers noted that Chief Magistrate Asiimwe had previously declined to preside over similar recount applications, citing broken seals on ballot boxes, in alignment with binding High Court precedents.
During the hearing last month, Nameere testified via Zoom, maintaining that the recount was handled fairly and transparently. She told the court that the petitioner, her legal counsel, and her agents walked out of the Electoral Commission offices during the recount, forfeiting their opportunity to observe the final stage of the exercise.
Nameere explained that all ballot boxes discovered with compromised seals during the recount were set aside and excluded from the final tally that confirmed her victory. Chief Magistrate Asiimwe provided clear justifications for every disqualified ballot box, which are fully documented on the court record, according to her testimony.
Following Nameere’s testimony, her lead counsel, Anthony Baziira, informed the court that the defence was withdrawing five scheduled witnesses and requested their affidavits be expunged from the record. The petitioner’s legal team raised no objection, and Justice Namanya granted the prayer.
Nalubowa’s lead advocate, Samuel Muyizzi, concluded the petitioner’s case by calling IT specialist Benedict Nyanzi, who testified to extracting and transferring critical video evidence showing the recount process that Nalubowa relies on to substantiate her claims.
For the Electoral Commission, attorney Geoffrey Kandeebe produced Enock Kugonza, a principal legal officer at the commission, as their sole witness. Cross-examined on the basis for certifying Nameere's win, Kugonza told the court that the commission acted in compliance with the certified results generated by the court-ordered recount.
Justice Namanya subsequently directed all parties to file their final written submissions and rejoinders by October 12, paving the way for today’s judgment.
