Court rejects tally centre video as hearing of Nakaseke Central election petition begins

By  Herbert Kamoga

Reporter

NTV Uganda

The High Court sitting in Luwero has rejected a video submitted by former Nakaseke Central Member of Parliament Allan Mayanja Ssebunya as part of his affidavit evidence in an ongoing petition challenging the election of his successor, Joseph Kabuye Kyofatogabye.

Presiding Judge Samuel Emokor ruled on Monday that the video footage, which Mayanja claimed was recorded at the tally centre, could not be admitted through affidavits as it was not part of the original petition filing. Justice Emokor noted that allowing the footage at this stage would amount to introducing new evidence into the case.

Mayanja, who ran on the National Unity Platform (NUP) ticket, claims the video depicts Kyofatogabye rising from his seat and shoving him while he was contesting declaration of results (DR) forms during the tallying process.

Mayanja is challenging the outcome of the election in which the Electoral Commission (EC) Returning Officer declared Kyofatogabye the winner on January 16, 2026, with 13,685 votes against Mayanja’s 8,178 votes.

Filing through Lukwago & Company Advocates, Mayanja alleges that the EC failed to accurately tally and declare results from 31 polling stations, ultimately announcing the wrong candidate as winner. In his court filings, Mayanja cited Katooke Polling Station as an example, alleging that results showing both candidates tied at 112 votes were fraudulently altered to grant Kyofatogabye 212 votes.
Addressing the court on Monday, lead counsel for the petitioner, Mr Lawrence Kabuye, stated that the results from all polling stations across the constituency are being contested.

Earlier during the proceedings, court addressed a procedural dispute regarding witness cross-examination in Election Petition No. 003 of 2026. Counsel representing the respondents sought leave of court to cross-examine 17 witnesses from the petitioner's side.

Mr Kabuye objected to the application, pointing out that the respondents had initially sought to cross-examine 24 witnesses before scaling down the number to just two—the petitioner and a handwriting expert. He informed court that he only received a WhatsApp notification on Sunday night expressing the respondents' intention to cross-examine 17 witnesses.
"Given the short notice, I was only able to prepare one witness for today's session," Mr Kabuye told the court, explaining that only Mayanja was ready for cross-examination on Monday, with the remaining witnesses scheduled for Tuesday.

In response, Mr Nasser Serunjogi, counsel representing the Electoral Commission, attributed the sudden shift in witness numbers to an oversight. He urged the court to allow the cross-examination, emphasizing that the 17 individuals—who served as Mayanja’s polling agents—were key witnesses in resolving the petition.
"The 17 are key witnesses, being polling agents of the petitioner," Mr Serunjogi submitted, praying that the judge include them in the scheduling memorandum.
Justice Emokor granted the request, allowing the respondents to cross-examine all 17 listed witnesses.

Under the court’s hearing schedule, October 12 and 13 have been allocated for the hearing of the petitioner’s case, while the respondents will present their case on October 14 and 15.
The petitioner, Allan Mayanja Ssebunya, is represented by a legal team led by Mr Lawrence Kabuye, alongside Mr Chrysostom Katumba and Ms Juliet Nampeera of Lukwago & Company Advocates.

The first respondent, Joseph Kabuye Kyofatogabye, is represented by lead counsel Mr Geoffrey Ntambirweki Kandeebe, assisted by Mr Eddy Ssansa of Ntambirweki Kandeebe & Co. Advocates. The Electoral Commission is represented by Mr Nasser Serunjogi and Mr Dalton Twijukye.