The Kasese High Court has set November 16, 2026, as the date for delivering judgment in an election petition filed by National Unity Platform (NUP) candidate Jackson Mbaju Kathika, who is challenging the victory of National Resistance Movement (NRM) legislator David Mulindwa Isimbwa in the Busongora County South parliamentary elections.
The matter came before Lady Justice Joanita Gertrude Buhara, who issued directions on the filing and exchange of affidavits ahead of the judgment.
Under the court's schedule, the petitioner is required to file affidavits by October 27, while the respondents must file their responses by November 4. The parties are expected to complete the subsequent filing process by November 9.
The petition follows the January 17, 2026, declaration of Mulindwa as the duly elected Member of Parliament for Busongora County South by Kasese District Returning Officer Godfrey Mbabazi.
Mulindwa won the election with 10,845 votes against Kathika's 10,760, giving him a narrow margin of 85 votes.
Other candidates included independent candidate Gideon Mujungu Thembo, who polled 4,262 votes; Forum for Democratic Change (FDC) candidate Alozious Baguma Kighema, who received 3,845 votes; independent candidate Juma Munezero, with 1,145 votes; People's Front for Freedom (PFF) candidate Sedrak Bakulirahi, with 322 votes; and Frank Barozi Asiimwe, who received 222 votes.
Following the declaration, Kathika petitioned the Kasese Chief Magistrate's Court, seeking a recount of the votes over alleged discrepancies in the final tally.
However, the application was dismissed after concerns were raised about the condition of the seals on the contested ballot boxes, which were reportedly found to have been tampered with.
Dissatisfied with the decision, Kathika subsequently filed a petition before the High Court, challenging the results from Jabezi Primary School Compound A-K polling station.
The petitioner alleges that he was denied 25 votes at the polling station, which were instead recorded as zero, while Mulindwa was credited with 398 votes. Kathika maintains that the correct figures should have been 25 votes for him and 175 for Mulindwa.
According to the petitioner's calculations, if the alleged discrepancies were established and the results corrected accordingly, he would have won the election by 163 votes instead of losing by 85 votes.
He is asking the court to examine the alleged discrepancies and determine whether correcting the results would change the overall outcome of the election.
Speaking to journalists after the court proceedings, Kathika urged his supporters to remain calm as the matter awaits determination.
“I call upon my supporters to remain calm and allow the court process to continue. We are confident that the evidence presented will help the court establish what happened during the election. We must respect the judicial process as we wait for the final decision,” Kathika said.
Kathika also referred to the declaration of results forms presented during the proceedings, saying the court had examined forms held by Mulindwa and the returning officer.
He said the declaration forms were central to his challenge and expressed hope that the court would consider the evidence before reaching its decision.
Patience Babiwemba, counsel for Kathika of J. Byamukama and Company Advocates, said the petition centres on discrepancies in the declaration of results from Jabezi Primary School Compound A-K polling station.
Babiwemba told journalists that her client had received declaration forms bearing different results for the same polling station, prompting the dispute before the court.
“Our client's concern is that he was served with declaration forms containing different results from the same polling station. These are matters that have been brought before court, and we believe the evidence, including the testimony of witnesses, will help clarify the discrepancies,” Babiwemba said.
She added that the petitioner was hopeful that the evidence presented would support his challenge to the declared results.
However, the court has not yet made a finding on the allegations, and the disputed figures remain subject to judicial determination.
Meanwhile, Mulindwa urged his supporters to remain calm, expressing confidence in the proceedings and leaving the final decision to the court.
The incumbent legislator, who is represented by a defence team led by Jesse Soita of Soita and Company Advocates, said he would respect the court's decision.
“I ask my supporters to remain calm because the matter is before court. So far, the process is going on well, and I have left everything for the court to determine. We shall respect the court's decision,” Mulindwa said.
The Electoral Commission's legal team also expressed readiness to defend the commission's position and uphold the validity of the declared election results.
The commission's lawyers maintained that they were prepared to respond to the petition as the court considered the evidence and submissions from the parties.