The High Court has ordered a recount at 29 polling stations in Kassanda South, introducing a limited evidence-gathering approach to resolve disputed vote figures without automatically altering declared results.
The High Court in Mubende has ordered a sample-based recount of votes from 29 polling stations in Kassanda South as part of a petition challenging the election of National Resistance Movement (NRM) MP Abdul Bisaso.
In a ruling delivered on October 14, 2026, Acting Judge Mary Babirye directed that 14 polling stations where independent candidate Eria Mubiru specifically disputed declared vote figures be recounted, alongside 15 additional stations to be selected by lot.
The exercise, scheduled to begin on Friday, October 16, will help the court establish whether discrepancies exist between the votes recorded on election documents and the ballots cast during the January 15 parliamentary election.
The ruling introduces what the court described as the “doctrine of recount by sample”, limiting the exercise to stations already cited in the petition instead of ordering a recount across the entire constituency.
Under Section 82(5) of the Parliamentary Elections Act, the High Court may order a recount before deciding an election petition. The judge said the power must be exercised judicially and not used to conduct an unrestricted search for evidence.
Bisaso was declared the winner with 11,765 votes against Mubiru’s 11,050, giving him a majority of 715 votes. Mubiru subsequently petitioned the court, alleging irregularities including falsification of results, ballot stuffing and multiple voting.
The petitioner identified polling stations where he alleged that the votes recorded in the official results differed from the figures he obtained. His petition also raised concerns about other alleged electoral offences, including bribery and intimidation.
An earlier application for a recount, filed before the substantive hearing, was dismissed without prejudice to a later application. After the pleadings had closed, affidavit evidence had been presented and witnesses cross-examined, the court considered whether a recount was necessary to resolve the remaining numerical disputes.
The judge found that some discrepancies could not be resolved adequately using the documentary evidence alone, warranting a limited recount.
Under the order, the first tranche will cover all 14 polling stations where the petitioner specifically pleaded discrepancies in vote figures. These include Bunakabwa Mosque, Kyabayima Catholic Church, Sunrise Nursery and Primary School, and Kisozi Trading Centre.
The second tranche will comprise 15 polling stations selected by lot in open court from a larger group where ballot stuffing and related electoral malpractices were alleged.
The selection is scheduled for 9am on October 16, with the recount due to begin at 10am.
The court has directed that ballot boxes be delivered under police escort by 9am. Before any box is opened, its seals will be inspected in the presence of the parties. Boxes with broken, missing or inconsistent seals will be excluded from the exercise.
The Deputy Registrar will conduct the recount in open court under the supervision of the presiding judge. Each side will be allowed a limited number of agents to observe the process.
The court also established a mechanism for expanding the exercise if the representative sample reveals discrepancies that are material in magnitude and consistent in direction. Any extension, however, will remain confined to additional polling stations already pleaded in the petition.
The judge emphasised that the recount is intended to generate evidence for consideration alongside the other material on record before the final judgment.
The findings will not automatically change the declared results at stations that are not recounted, nor will they, on their own, establish that another candidate won the election.
The court also prohibited the exercise from introducing new grounds of challenge or extending scrutiny to polling stations that were not pleaded. The secrecy of the ballot must be preserved throughout the process.
In explaining the legal basis for the order, Babirye said a recount is discretionary rather than automatic. It requires a credible preliminary basis for believing that genuine numerical doubts exist, alongside considerations of necessity, materiality, practicability and proportionality.
The court found these conditions satisfied in relation to the identified polling stations but rejected the prospect of a broader exercise unsupported by the pleadings.
The ruling referred to Articles 1, 86, 126, 139 and 140 of the Constitution, which address popular sovereignty, judicial power and the administration of justice, as well as the constitutional framework governing the courts’ jurisdiction.
The court said its task was to establish the will of the electorate while safeguarding the integrity of the electoral process and the finality of declared results, and ensuring that the petition is determined within the statutory timeframe.
The costs of the recount were ordered to be in the cause, meaning they will be dealt with as part of the final determination of the case.
The petition remains pending, and the court has yet to determine whether Bisaso was validly elected or whether any of the alleged electoral irregularities warrant setting aside the result.