Court orders fresh election in Buwekula South, Mubangizi win nullified
The judge held that the missing ballots and declaration of results forms, together with the discrepancies in the recount figures and failures in the preservation of electoral materials, substantially affected the election result.
The High Court in Mubende has nullified the election of National Resistance Movement (NRM) candidate Dedan Mubangizi (Pictured) as Member of Parliament for Buwekula South Constituency.
MUBENDE - The High Court in Mubende has nullified the election of National Resistance Movement (NRM) candidate Dedan Mubangizi as Member of Parliament for Buwekula South Constituency and ordered the Electoral Commission to conduct a fresh election following a petition filed by independent candidate Tumwesigye Fred.
In a judgment delivered on November 13, 2026, Acting Judge Mary Babirye ruled that the election was not conducted in compliance with the provisions of the Parliamentary Elections Act, and that the irregularities substantially affected the election results.
The court set aside Mubangizi’s declaration following a recount conducted on January 28, 2026, as well as the publication of his name in the Uganda Gazette of March 4, 2026.
Justice Babirye found that the recount process was affected by missing electoral materials, including declaration of results forms and ballot papers, as well as unexplained differences in the recorded vote totals.
The judge noted that the original election return recorded 18,717 valid votes, while the recount certificate recorded 17,291, representing a reduction of 1,426 votes.
The court further observed that the original lead of 806 votes for Tumwesigye changed to a lead of 404 votes for Mubangizi following the recount, representing a net movement of 1,210 votes between the two candidates.
The judge held that the missing ballots and declaration of results forms, together with the discrepancies in the recount figures and failures in the preservation of electoral materials, substantially affected the election result.
She, however, declined to declare Tumwesigye the winner, saying the available evidence did not enable the court to establish a reliable final tally for the constituency.
The court consequently ordered a fresh election for the directly elected Member of Parliament for Buwekula South Constituency, to be conducted as a by-election in accordance with the Parliamentary Elections Act.
The seat was declared vacant, and the Registrar was directed to forward a certified copy of the judgment to the Clerk to Parliament and the Electoral Commission.
The DPP was directed to report the findings of the investigations to the court within 15 days of receiving the judgment.
The judge clarified that the court had not made any finding of criminal liability against an individual.
The three respondents were also ordered to jointly and severally pay Tumwesigye’s costs of the election petition.
Tumwesigye, who contested as an independent candidate, was represented by Jude Byamukama, Blaise Rugamba, Innocent Wanambugo and Paul Sebunya of M/s Paul Sebunya & Co. Advocates, jointly with M/s J. Byamukama & Co. Advocates.
Mubangizi, the NRM candidate, was represented by Prof. Joseph Kyazze, Caleb Alaka, Evans Ochieng, Ronald Kwesiga and Audrien Kiryowa of M/s Alaka & Co. Advocates, jointly with M/s Ochieng Associated Advocates and Solicitors, M/s Magna Advocates and Sail Advocates
The Electoral Commission and the third respondent, the Mubende District Returning Officer, were represented by senior counsel Mwesigwa Rukutana of M/s Mwesigwa Rukutana & Co. Advocates.