The High Court in Luweero has struck out the proposed testimonies of handwriting experts in an election petition filed by former Nakaseke Central MP Allan Mayanja challenging the victory of State Minister for Kampala Joseph Kabuye Kyofatogabye, after neither party produced its expert witness in court.
Justice Samuel Emokor, who is handling the petition, made the decision after lawyers representing Mayanja and Kyofatogabye informed the court that their respective handwriting experts could not testify and requested permission to withdraw their evidence.
During the previous court session, Mayanja’s lawyers said they were still engaging a handwriting expert to examine disputed Declaration of Results (DR) forms that allegedly contained similar handwriting and altered entries.
However, on Thursday, the legal team, led by Medard Lubega Sseggona, told the court that its efforts to secure permission for its expert, Catherine Iroki, to testify had been unsuccessful despite several letters to the Inspector General of Police (IGP).
Sseggona said the team had been unable to obtain the required authorisation, forcing it to withdraw the expert’s testimony.
“We wrote several letters to the IGP, but he did not respond. When you call him, he picks up the first call, but he does not answer the next one. We realised that the handwriting expert had not received permission and, as required by the law, we had to withdraw the testimonies,” Sseggona said.
Lawyers representing Kyofatogabye, led by Geoffrey Kandeebe, also informed the court that their handwriting expert was unable to attend and asked to withdraw the testimony.
Justice Emokor granted both requests, bringing an end to the presentation of Mayanja’s evidence and paving the way for the court to hear Kyofatogabye’s defence.
During cross-examination, Mayanja’s lawyer, Lawrence Kabuye, questioned Kyofatogabye about alleged discrepancies in Declaration of Results forms, particularly at polling stations where the number of people recorded as having voted appeared to exceed the number of registered voters in specific categories.
At Katooke polling station, Kabuye cited figures showing that 146 female voters were registered, yet 149 people were recorded as having voted.
At Mityomere Primary School, he pointed out that 187 female voters were registered, while 217 people were recorded as having voted.
Other polling stations cited included Mijumwa Primary School, where 119 male voters were registered against 140 people recorded as having voted.
At Masgid Taqua Nakonge, 166 male voters were registered, while the certified DR form recorded 194 people as having voted.
At Butalangu Kisaawe polling station, 248 female voters were registered, but 350 people were recorded as having voted.
At Abundant Life Church polling station, 142 female voters were registered, while the certified DR form indicated that 155 people had voted.
At Word of God Redeemed Church polling station, 97 female voters were registered, compared with 147 people recorded as having voted.
Kabuye also cited Kagango polling station, where 142 female voters were registered, while 170 people were recorded as having voted.
The figures were presented by the petitioner’s lawyer during questioning over alleged irregularities in the electoral records.
Taking over the questioning, Sseggona focused on DR forms that allegedly contained altered figures, arguing that the changes appeared to favour Kyofatogabye at Mayanja’s expense.
“Everywhere the figures were altered, votes were deducted from Mayanja and added to Kyofa. We are now asking why it was happening that way,” Sseggona said.
He also asked Kyofatogabye whether he had copies of the DR forms and could produce them in court.
Kyofatogabye said he had not considered it necessary to bring the documents, arguing that their custody and production were the responsibility of the Electoral Commission.
Sseggona later said Kyofatogabye had not produced his copies of the DR forms and had indicated that he did not know where they were.
The petitioner’s legal team also raised concerns about electoral documents that allegedly lacked polling agents’ signatures and questioned the functioning of the biometric voter verification machines used during the election.
Kyofatogabye distances himself from electoral process
Speaking outside court, Kyofatogabye said some of the questions concerned matters outside his responsibility because he had not managed the electoral process.
He defended himself against questions about the alleged failure of biometric voter verification kits, saying the Electoral Commission was responsible for conducting the election.
“My responsibility was to ensure that people voted. How can you ask me why the biometric voter verification kits did not work? Really, that is not my responsibility,” Kyofatogabye said.
Mayanja, however, said he was satisfied with the direction of the proceedings, maintaining that his legal team had presented evidence intended to help the court establish the truth about the election.
“Our duty was to show the court the truth, and we have done that. We have presented the evidence, and we ask the court to examine it and establish the truth,” Mayanja said.
The hearing is expected to conclude on Friday, with Nakaseke District Electoral Commission Returning Officer Aidah Tusiime scheduled to appear as the final witness.
The court is expected to determine the petition after the conclusion of the hearing and consideration of the evidence presented by both sides.