The High Court in Luweero, presided over by Justice Samuel Emokor, has rejected an application by lawyers representing State Minister for Kampala Joseph Kabuye Kyofatogabye to introduce an additional witness in an election petition challenging his victory as Nakaseke Central Member of Parliament.
The court dismissed the application after lawyers representing former Nakaseke Central MP Allan Mayanja Ssebunya objected, arguing that introducing a new witness at this stage would delay proceedings and disrupt the hearing of the petition.
Kyofatogabye, who contested on the National Resistance Movement (NRM) ticket, was declared the winner with 13,742 votes, while Mayanja, the National Unity Platform (NUP) candidate and incumbent MP at the time of the election, garnered 8,298 votes.
Dissatisfied with the outcome, Mayanja petitioned the High Court in Luweero, challenging the election results and seeking legal redress.
The hearing entered its third day on Wednesday, with Kyofatogabye’s legal team, led by Geoffrey Kandeebe, asking Justice Emokor to allow an additional witness, reportedly a police officer, to testify and challenge aspects of the evidence presented by Mayanja’s witnesses.
However, Mayanja’s lawyers, led by Lawrence Kabuye, opposed the application, maintaining that the proposed witness should not be introduced at that stage of the proceedings.
The judge upheld the objection and dismissed the application.
Following the ruling, lawyers representing Kyofatogabye and the Electoral Commission, led by Nasser Sserunjoji, began cross-examining Mayanja’s witnesses, particularly polling agents who monitored the voting process at various polling stations.
The questioning focused on the agents’ accounts of the election, their roles at polling stations and their involvement in the declaration of results.
One of the witnesses, Ibrahim Semwanga, 36, a resident of Kyanya Parish in Butalangu Town Council, testified about his role as a polling agent for Mayanja during the election.
Semwanga told the court that he had signed declaration of results forms at the polling station without raising an objection at the time.
However, Mayanja’s legal team maintains that although Semwanga’s name appears on one of the declaration of results forms, the signature attributed to him does not belong to him.
Semwanga subsequently provided handwriting samples for examination. Kyofatogabye’s lawyers argued that the samples bore similarities to the disputed signature, although the matter remains subject to expert examination and clarification.
Another witness, Ruth Mbabazi, from Lukuga Village in Wakyato Sub-county, also testified about her role as a polling agent at Ntaate Memorial School polling station.
The proceedings were marked by anticipation over the appearance of a handwriting expert expected to examine disputed signatures on the declaration of results forms.
Mayanja’s lawyer, Lawrence Kabuye, told the court that the expert had indicated she would appear on Thursday to give evidence.
“We want the handwriting expert to clarify the issue of similar handwriting on the declaration of results forms. Kyofatogabye also knows that this issue affects him, but the expert has told us that she will come tomorrow. We shall conclude with her, but even if she does not appear, there is no problem,” Kabuye said.
By the close of Wednesday’s proceedings, seven witnesses, including Mayanja, had testified. Kyofatogabye was expected to take the witness stand on Thursday.
Outside the courtroom, both candidates expressed confidence in their respective cases.
Mayanja said he was pursuing what he described as the second phase of his electoral mandate, insisting that he had won the election and was now seeking justice through the courts.
“We have come to claim our vote, phase two, because we know we won. But here, we are waiting for one of two things: justice or injustice,” Mayanja said.
Kyofatogabye, however, dismissed the evidence presented by Mayanja’s witnesses, arguing that their courtroom testimony contradicted their earlier written statements.
“All of Mayanja’s witnesses are saying things that do not match what they wrote down. This further shows us that they are lying. We know that with God on our side, we shall win,” Kyofatogabye said.
The court was expected to resume the hearing on Thursday, with further cross-examination of witnesses and additional testimony anticipated as the parties continue presenting and challenging evidence