Bundibugyo election petitioner Donna Kapalaya and incumbent Josephine Babungi have closed their cases in Fort Portal, with the returning officer’s affidavit revealing that the declared winner’s tally was verified only after her victory had been announced.
The High Court in Fort Portal has heard how Bundibugyo District Woman MP Josephine Bebona Babungi was declared winner of the January 2026 parliamentary election before the returning officer completed verification of the tally sheet.
Returning Officer Joseph Tumwijukye admitted in a sworn affidavit that he announced Babungi as the winner while verification of the tally sheet against declaration of results forms was still pending, after coming under pressure from candidates, their agents and the Electoral Commission headquarters.
The admission emerged during the hearing of Election Petition No. 002 of 2026, filed by independent candidate Donna Kamuli Kapalaya, who is challenging Babungi’s election.
Lady Justice Joanita Gertrude Bushara presided over the proceedings, in which both sides opted to rely substantially on affidavits rather than calling all their witnesses for cross-examination.
Babungi, who contested on the National Resistance Movement (NRM) ticket, was initially declared winner with 34,169 votes against Kapalaya’s 32,182, giving her a margin of 1,987 votes.
However, the subsequent verification exercise reportedly produced different figures, reducing Babungi’s lead to 406 votes, according to reports on the latest court proceedings.
In his affidavit, sworn on September 29, Tumwijukye said he had personally read out results from the declaration forms to data clerks during tallying, with candidates, their agents and members of the public present.
He said the results initially recorded gave Babungi 34,169 votes, Kapalaya 32,182, independent candidate Anne Amanya 8,740, National Unity Platform’s Jennifer Kabasinguzi 516 and Harriet Masika 22.
Tumwijukye stated that he was required to verify the tally sheet against the figures recorded on the declaration of results forms to establish whether the entries were consistent with the results declared at polling stations.
However, he said he had not completed that exercise when he came under pressure to announce the winner.
“Before completing that verification exercise, I came under pressure from candidates, their agents and the Electoral Commission’s head office to announce the winner,” he stated in the affidavit.
He added that he consequently announced the winner while verification was still pending.
The returning officer said the tally sheet was subsequently verified against the declaration forms and that the exercise confirmed that Babungi remained the candidate with the highest number of votes.
The affidavit, filed in support of the Electoral Commission’s defence, does not itself specify the revised vote totals, although the figures reported during the latest proceedings indicate a substantially narrower margin between the two leading candidates.
The central question before the court is whether the returning officer could correct or change the tally after announcing the winner and whether the subsequent figures were lawfully reflected in the official election record, including the Uganda Gazette.
Lawyers rely on affidavits
During the hearing, Babungi’s lawyers, KK Advocates, led by counsel Esau Isingoma, chose not to cross-examine Kapalaya or her witnesses, opting instead to rely on the affidavits filed in the case.
Kapalaya’s lawyer, Martin Masereka, similarly elected to rely on Tumwijukye’s affidavit as evidence for the Electoral Commission and cross-examined Babungi without questioning her witness.
The proceedings followed an earlier hearing in which Kapalaya challenged the declared results on several grounds, including alleged vote manipulation, alterations to declaration forms and interference with her polling agents.
Her petition alleges that votes were added to Babungi’s tally and deducted from her own at more than 79 polling stations, claims that remain subject to the court’s determination.
She also raised concerns about the treatment of votes cast for other candidates and alleged irregularities in the tallying process in parts of Bughendera and Bwamba counties.
Tumwijukye denied in his affidavit personally observing ballot stuffing or receiving complaints from candidates or presiding officers about alleged falsification of tallying records through overwriting, alterations or other irregularities.
He also said he was unaware of any incident in which security personnel participated in ballot stuffing.
The returning officer’s account is now part of the evidence the court will consider alongside the competing claims by Kapalaya, Babungi and the Electoral Commission.
Ruling set for November
The court has scheduled November 9, 2026, to deliver its ruling on the petition, according to reports from the latest proceedings.
The case could have implications for the declared outcome of the Bundibugyo District Woman Representative election, particularly given the discrepancy between the original margin and the subsequent figures attributed to verification.
Babungi remains the declared winner pending the court’s decision. The High Court will determine the legal significance of the returning officer’s admission and the evidence presented by the parties.