Amelia's case: Court throws out Kiyaga's demand for election results form
Kiyaga alleges that the DR forms the returning officer used to declare the winner were altered and differ from those given to candidates' agents at the polling stations. He says the forms in his own agents' hands are unaltered.
Former Mawokota North MP Hillary Innocent Kiyaga, and current Mawokota North MP Amelia Kyambadde. (File)
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MPIGI — The Mpigi High Court has dismissed an application by former Mawokota North MP Hillary Innocent Kiyaga, who wanted court to force his rival, Amelia Kyambadde, to produce copies of declaration of results (DR) forms, saying that he had delayed too long and was seeking material he already had.
In a ruling dated September 30, 2026, delivered through emails, presiding judge Justice Jamson Karemani found that Application No. 03 of 2026 lacks merit and hence ordered that each party bear its own costs.
The decision clears the way for the main petition, which challenges Kyambadde's victory in the January 15 general election, to open on October 6 and 7.
Kiyaga, widely known as Hilderman through his lawyers from Lukwago and Company Advocates and Ssebowa and Company Advocates, had asked the court to order Kyambadde to file the DR forms that presiding officers gave her polling agents at 37 polling stations listed in an annexure to his affidavit.
Where she could not produce a form, he wanted her to state on affidavit whether she had ever held it and what became of it.
The election result put Kyambadde on 27,075 votes against Kiyaga's 24,801, a margin of 2,274.
Kiyaga alleges that the DR forms the returning officer used to declare the winner were altered and differ from those given to candidates' agents at the polling stations. He says the forms in his own agents' hands are unaltered.
They said the request was specific and limited to named stations, not a fishing expedition.
Kyambadde, represented by Counsel Anthony Bazira and Hazeal Bantu, called the application an abuse of court process.
She said Kiyaga had not listed the documents in his petition or supporting affidavit, that he already had them through her answer to the petition, and that he was trying to gather evidence through the back door.
While replying to the application, Kyambadde in her defence swore that the only DR forms she holds are certified copies obtained from the Electoral Commission.
Kiyaga had written to Kyambadde's lawyers, requesting to be furnished with documents, but they declined in a letter dated September 22nd this year.
In his September 30th ruling, Justice Karemani, on a technical point, stated that the petitioner was trying to gather evidence through the back door because he already had the documents he was requesting.
Furthermore, the judge noted that the petition and Kyambadde's reply were filed in March, while the application came in September, more than five months later, calling that inordinate delay in an election matter. "Election petitions are urgent, and a party who waits that long is not vigilant", he said.
The Judge further stated that the petitioner's agents received the forms, and the Commission's certified forms alleged to have been used to declare results, which means that the documents he was requesting were already available to him through the pleadings.
Justice Karemani also said that Kiyaga did not show that Kyambadde holds any other falsified forms; hence, asking her for material from the same source as his own wastes the court's time.
Kiyaga, a former musician turned politician, on Wednesday vowed to fight on for the victory he says the Electoral Commission denied him.
The fresh ruling follows an earlier defeat in an application filed by Kiyaga, who sought to compel the Electoral Commission to release election materials for the constituency, including certified copies of the official report book, ballot paper accountability forms and DR forms sealed in ballot boxes.
On September 16, Justice Karemani dismissed the application with costs.
The main petition is set to officially begin to be heard on October 6 and 7, this year.