Amelia win in Mawokota confirmed as court throws out Kiyega petition
In a judgment delivered electronically on November 13, Justice Jamson Karemani K. ruled that petitioner Hillary Innocent Kiyaga (Hilderman) failed to prove his claims against Kyambadde and the Electoral Commission. Each party was ordered to bear its own costs.
Amelia Anne Kyambadde was declared the winner of the January 15, 2026, election with 27,075 votes against Kiyaga's 24,801, a margin of 2,274 votes. (Courtesy photos)
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The High Court at Mpigi has dismissed the election petition challenging the victory of Amelia Anne Kyambadde as Member of Parliament for Mawokota County North, confirming her as the directly elected MP.
In a judgment delivered electronically on November 13, Justice Jamson Karemani K. ruled that petitioner Hillary Innocent Kiyaga (Hilderman) failed to prove his claims against Kyambadde and the Electoral Commission. Each party was ordered to bear its own costs.
Kyambadde was declared the winner of the January 15, 2026 election with 27,075 votes against Kiyaga's 24,801, a margin of 2,274 votes.
Running to court, Kiyaga alleged that results declaration (DR) forms at 24 polling stations were illegally altered, and that results from 16 other stations were used without agents' signatures.
He also argued Kyambadde was disqualified because she was a Senior Presidential Advisor at the time.
Most of the petitioner's evidence was, however, struck out
The petition suffered a major blow when the judge struck out 22 of the petitioner's 24 agents' affidavits for breaching Section 3 of the Illiterates Protection Act.
The affidavits were written in English, but the commissioner for oaths had explained them to the deponents in Luganda, which the judge said showed the agents did not understand English.
None carried a certificate of translation naming the individual who wrote and translated them.
He blamed petitioner's counsel for mishandling the evidence and said it "probably would have made a difference."
Only the affidavits of the two agents who were cross-examined, Kafuuma Peter and Mutyaba Noordin, survived, along with those of Kiyaga and fellow candidate Akol Sam.
Hillary Innocent Kiyaga (Hilderman)
The court also struck out Kiyaga's supplementary affidavit, filed on September 16, 2026, about four months after pleadings closed, without leave of court. The judge ruled it was part of the pleadings, not evidence.
Presidential advisor claim fails
On Kyambadde's eligibility, the judge found Kiyaga was barred from raising it at the petition stage because he never inspected her nomination papers or complained to the Electoral Commission before the election, as the law requires.
The judge nonetheless examined the merits.
He added that her May 23, 2025 resignation letter to the Secretary, Office of the President, accepted in writing on June 10, 2025, was valid in any case.
Altered forms "correction of errors"
On the allegedly altered DR forms, the judge noted that visible alterations existed on certified copies produced by both sides. However, he said alteration is an offence under Section 95 of the Parliamentary Elections Act only where there is proof of fraudulent motive, which Kiyaga did not provide.
He accepted the explanation of returning officer Evarist Twinomujuni that the changes were presiding officers' corrections of errors.
Twinomujuni told court he displayed the forms in that state at the tally centre and declared results in the presence of candidates and agents. Kiyaga admitted under cross-examination that he raised no complaint then.
The judge also preferred certified DR forms over the uncertified copies Kiyaga said his agents gave him, since the agents' evidence on their source had been struck out.
On unsigned forms, he held that agents' failure to sign does not by itself invalidate results so long as the presiding officer signed.
Having found no non-compliance, the judge said the test of whether irregularities substantially affected the result did not arise.
On costs, the judge said election petitions are matters of public interest and should not be discouraged through costs awards.
Kiyaga was represented by Medard Lubega Ssegona and others. Kyambadde was represented by Anthony Bazira and Hazael Bantu, and the Electoral Commission by Sam Sserwanga and colleagues.