Balyeku makes U-turn, withdraws application recalling witnesses
Balyeku, who lost to Dr. Timothy Lusala Batuwa of the National Unity Platform (NUP), had requested the trial judge at the Jinja High Court, Justice Vincent Wagona, to recall four of his witnesses and himself to tender in their physical original polling station declaration of result forms.
Of his 15 witnesses who swore their affidavits and underwent cross-examination, Balyeku prayed to recall four of the former contestants in the race together with him while requesting to tender their original forms and withdraw photocopies they had initially used. (Credit: Jackie Nambogga)
JINJA - The National Resistance Movement (NRM) flagbearer in the January 2026 race for Jinja City Southwest division, Moses Balyeku, has, in a twist of events, made a U-turn and withdrawn a fresh application he had filed in his ongoing election petition.
Balyeku, who lost to Dr. Timothy Lusala Batuwa of the National Unity Platform (NUP), had requested the trial judge at the Jinja High Court, Justice Vincent Wagona, to recall four of his witnesses and himself to tender in their physical original polling station declaration of result forms.
Of his 15 witnesses who swore their affidavits and underwent cross-examination, Balyeku prayed to recall four of the former contestants in the race together with him while requesting to tender their original forms and withdraw photocopies they had initially used.
The former contestants included Shamim Nangobi of Democratic Front (DF), Paul Kawanguzi (PFF), while Ivan Isiko and Geoffrey Mutesa were independents.
In his main suit, Balyeku contends that the results from 10 polling stations were not tallied; if added, he would have won the race.
However, after the closure of cross-examination of the three parties, including that of the petitioner, the two respondents, such as Batuwa with his two witnesses and the Electoral Commission, Balyeku requested the court to recall the witnesses.
Also, Mudiobole stated that if a witness was not cross-examined or forgot fundamental evidence, it would be acceptable as per Article 28 for a fair trial.
To him, this was a two-legged application standing on one leg and that it was brought in bad faith.
He said the witnesses could not be recalled without opening a fully closed case regarding cross-examination.
Dr. Timothy Lusala Batuwa of the National Unity Platform (NUP). (Credit: Jackie Nambogga)
Mudiobole said Balyeku was trying to add up missing gaps based on the fraudulent serial numbers and errors on the forms he attached.
He argued that his client would be severely prejudiced since their entire cross-examination strategy had already been exposed to the petitioner, who was seemingly becoming tricky at the time when his case had collapsed.
However, Balyeku's lawyer Julius Galisonga said this was within the law and placed court with powers at any stage of the trial to recall the witnesses who had already been examined.
Galisonga said the application was strict and limited, as the witnesses were not expected to state new oral facts, new claims or introduce other polling stations.
Galisonga argued that this aimed at presenting the highest class of primary evidence mandated by the Evidence Act since the documents were already explicitly referenced in their principal affidavits.
He said this was in line with recalling the witnesses to produce, identify and swear to the originals that they personally received at the close of the polls to essentially satisfy the evidential threshold.
Justice Wagona had fixed his ruling on the issue for Monday, October 12, 2026, only for Balyeku to again give instructions to his lawyers to withdraw the application.
However, as the judge assumed his seat, Galisonga briefed court that his client had lost interest in recalling the witnesses after sitting together and realising that the initial evidence they had on court record was sufficient.
The judge said the case will resume on notice.