Nalumansi loses Jinja council seat after EC concedes error
The order followed the Electoral Commission's acknowledgement that Magoba was the legally elected councillor after results on her declaration form were found to match those in the commission's records, contrary to the results on Nalumansi's form.
Prossy Magoba, the NUP contestant who opposed Mariam Nalumansi's victory. (Photos by Jackie Nambogga)
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A court in Jinja has ordered the Electoral Commission (EC) to degazette Jinja city deputy mayor Mariam Nalumansi and gazette opposition candidate Prossy Magoba as the duly elected woman councillor representing Jinja South Division West at the city council.
The order followed the Electoral Commission's acknowledgement that Magoba was the legally elected councillor after results on her declaration form were found to match those in the commission's records, contrary to the results on Nalumansi's form.
Magoba, a National Unity Platform (NUP) candidate, petitioned the Jinja Chief Magistrate's Court, naming Nalumansi as the first respondent and the Electoral Commission as the second respondent.
Through her lead counsel, Abed Nasser Mudiobole, Magoba sought to overturn Nalumansi's victory and be declared the winner, alleging that election results had been swapped.
In her affidavit before presiding magistrate Justine Gumtwero Olal, Magoba alleged that results from four polling stations, Kimaka A-H, Kimaka I-MAM, Glory Be to God Church Kimaka MAN-NAJ and Amber Court St John's Church KIT-NG, were swapped, with results where she was leading replaced with Nalumansi's results, where she was trailing.
The petitioner also alleged that the final results on the declaration form were swapped, with Nalumansi claiming to have obtained 1,694 votes while Magoba had garnered 1,115.
The court noted that both Nalumansi and Magoba had certified and stamped declaration forms from the EC indicating that the forms were genuine and that each had won the polls.
Olal consequently ordered the EC in Kampala to independently verify the results in its possession relating to the petition.
Flavia Nakasi, the Jinja city returning officer, maintained that Magoba had won the election after securing the majority of the votes.
Nalumansi's lawyer, Robert Esarait, subsequently withdrew from the case.
Mariam Nalumansi, the deputy mayor who was degazatted on court orders following her illegal declaration as woman councilor for Jinja South Division West at the Jinja City Council on Tuesday.
“You can’t insist that EC is your father when it has disowned you,” Esarait said.
Olal adjourned the September 29, 2026, proceedings for 10 minutes before inviting Nalumansi to the witness box.
“EC has disowned your DR form, which you supported on your affidavit and conceded with that of the petitioner; what do you have to answer?” he asked.
Nalumansi maintained that her declaration form was genuine and had been stamped.
Olal then asked whether she was aware that the forms were the property of the EC and what the commission had in its possession regarding Magoba's results.
“I think without mincing my words, your forms were fabricated,” he stated.
With her lawyer having withdrawn from the case, Nalumansi requested an adjournment to secure another lawyer. Mudiobole, however, argued that the EC's admission left no basis for continuing with the matter.
Olal said he wanted to give Nalumansi an opportunity to establish whether she still had a case to pursue with or without the EC's position.
Esarait sent a representative to brief Nalumansi, who subsequently returned to the witness box, conceded to the petition and asked the magistrate not to impose costs on her.
Mudiobole opposed the request, saying his client had hired two lawyers and incurred costs obtaining the gazette, certified copies of declaration forms, accommodation and transport.
He argued that Nalumansi was capable of meeting the costs because she had been receiving a salary since May, when they assumed office.
Nalumansi, however, said she had never received any money from the council.
With the EC and Nalumansi having conceded to the petition, Olal entered judgment on the basis of their admissions.
He ruled that the declaration and subsequent gazettement of Nalumansi as the woman councillor for Jinja South Division West was illegal and irregular.
The magistrate consequently ordered the immediate degazettement of Nalumansi and the gazettement of Magoba as the duly elected woman councillor for Jinja South Division West.
“An order for the immediate degazettement of the first respondent is hereby issued; an order for gazetting the petitioner as the duly elected woman councillor for Jinja South Division West, I declare,” ruled Olal, sending the opposition supporters into cheers.
On costs, Olal said his decision would be communicated online.
Mudiobole welcomed the court's decision, saying the voters had spoken.