Mufumbiro loses petition against NRM's Ruhindi win in Nakawa
Justice Allan Paul Nshimye found that the omission of results from 22 polling stations in the final tally of the January 2026 Nakawa Division East parliamentary election did not substantially affect the election outcome, as Ruhindi maintained a winning margin of 3,035 votes even after the votes from the affected polling stations were taken into account.
National Unity Platform (NUP) candidate Alex Waiswa Mufumbiro had challenged Ruhindi's victory over alleged vote inflation, falsification of results and failure by the Electoral Commission to tally results from 22 polling stations.
KAMPALA - The High Court has found that the Electoral Commission failed to include results from 22 polling stations in the final tally of the January 2026 Nakawa Division East parliamentary election, which was won by National Resistance Movement (NRM) candidate Fredrick Ruhindi.
However, Justice Allan Paul Nshimye found that the omission did not substantially affect the election outcome, as Ruhindi maintained a winning margin of 3,035 votes even after the votes from the affected polling stations were taken into account.
National Unity Platform (NUP) candidate Alex Waiswa Mufumbiro had challenged Ruhindi's victory over alleged vote inflation, falsification of results and failure by the Electoral Commission to tally results from 22 polling stations.
According to the results declared by the Electoral Commission, Ruhindi won the Nakawa Division East parliamentary seat with 18,575 votes, while Waiswa came second with 15,067 votes, giving the NRM candidate a margin of 3,508 votes.
The results were gazetted on March 2, 2026, following the January 15, 2026, parliamentary elections.
In his petition, Waiswa asked the court to declare him the winner or nullify Ruhindi's election and order the Electoral Commission to organise a fresh election.
He alleged that the returning officer inflated votes in Ruhindi's favour, excluded results from 22 polling stations and declared the winner based on partial results.
In his defence, Ruhindi maintained that the election was conducted in accordance with the law and that the Electoral Commission had correctly declared him the winner.
The Electoral Commission, through its returning officer, Rashid Hasakya, also defended the electoral process, maintaining that the election was conducted in a free, fair and transparent manner.
On Friday, October 30, Nshimye noted that Hasakya confirmed during cross-examination that results from the 22 polling stations had not been included in the final tally.
The omission, he added, amounted to non-compliance with Sections 72 and 77 of the Parliamentary Elections Act, which provide for the tallying and declaration of election results.
NRM's Fredrick Ruhindi
However, after examining the declaration forms presented from the affected polling stations, the court established that Waiswa had obtained 1,072 votes, while Ruhindi had secured 599 votes.
The difference between the votes obtained by the two candidates at the polling stations was 473
Nshimye, therefore, held that the failure to include the results did not substantially affect the outcome of the election.
The judge also rejected Waiswa's claim that he had obtained 16,422 votes against Ruhindi's 15,957, observing that the declaration of results forms he relied on were uncertified photocopies of public documents.
The court noted that under Section 76 of the Evidence Act, certified copies are required to prove the contents of public documents.
Nshimye relied on a Supreme Court decision in Kakooza John Baptist versus Electoral Commission and Yiga Anthony, which held that uncertified declaration of results forms cannot be treated as authentic evidence merely because they are attached to an affidavit.
On allegations of inflated votes, the court observed that only two of the 12 polling agents who had signed the disputed declaration forms were presented as witnesses.
The judge also noted that the agents had signed the forms without registering complaints, while some of the petitioner's evidence was based on information received from other people who had been at the polling stations.
The court further found that Waiswa had not presented sufficient evidence to prove allegations of ballot stuffing, undue influence and falsification of election results by Ruhindi
Nshimye observed that the petitioner had not provided evidence showing that Ruhindi personally committed any electoral offence or that any such offence was committed with his knowledge, consent or approval.