Court finds no basis for recount in Bufumbira North and South races

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The Kisoro Chief Magistrate’s Court has dismissed two applications filed by parliamentary aspirants and incumbent Members of Parliament from Kisoro district challenging the results of the parliamentary elections held on January 15, 2026.

The applications sought court orders for a vote recount in the Bufumbira North and Bufumbira South constituencies.

The first application was filed by Sam Kwizera Bitangaro of Bufumbira South Constituency against Alex Niyonsaba Seruganda, Adam Munyambabazi, the Electoral Commission, and the Kisoro district returning officer under a miscellaneous cause seeking a recount of votes.

The second application was filed by Kamara John Nizeyimana of Bufumbira North Constituency against Fortunate Habyara Gatare and Daniel Ngirabakunzi, also seeking a vote recount.

The applications followed the declaration of parliamentary election results by the Kisoro district returning officer, Daniel Nayebare, on January 16, 2026.

In Bufumbira South Constituency, the declared results indicated that Alex Niyonsaba Seruganda of NRM received 23,897 votes, Sam Kwizera Bitangaro, an Independent candidate, received 22,913 votes, while Munyambabazi Adam of ANT garnered 87 votes.

In Bufumbira North Constituency, the results showed Fortunate Habyara Gatare of NRM with 8,374 votes, Kamara John Nizeyimana, an Independent candidate, with 8,289 votes, and Ngirarabakunzi Daniel of DP.

On January 24, 2026, Court proceedings began at 10.00 am with the hearing of the application filed by Kamara John Nizeyimana.

Lawyer Stephen Birikano, representing Fortunate Habyara Gatare, informed court that his client had not been properly served with court summons.

He told court that Gatare was travelling to Ntungamo district to meet the President of Uganda and had not received any notice to attend court, despite being a resident of Kisoro district and the declared winner of the Bufumbira North parliamentary election.

Birikano argued that proper service of summons is a fundamental court procedure and that failure to effect service warranted dismissal of the application.

Lawyer Augustine Akineza supported this submission, stating that under the law, failure of service necessitates either dismissal or adjournment of proceedings.

In response, lawyer Jude Mwasa, representing the Electoral Commission, submitted that under the law, a vote recount can only be granted where there is clear proof of numerical errors or miscalculation of results.

Lawyer ​Rodger Nabasa, representing the applicant, argued that his client was dissatisfied with the election results due to alleged irregularities at Ruturwe Catholic Church polling station, Bushunga Church of Uganda polling station, and other polling stations. He said the applicant sought a recount to establish the gender distribution of voters and to confirm the accuracy of the declared results.

After hearing submissions from all parties, Chief Magistrate Patrick Muhiga dismissed the application, ruling that the evidence presented in court was dishonest.

After the lunch break, court proceeded to hear the application filed by Sam Kwizera Bitangaro.

Nabasa submitted that several Declaration of Results forms contained numerical errors. He cited multiple polling stations where the number of votes counted exceeded or fell short of the number of registered voters or ballot papers issued.

Among the alleged irregularities were 70 excess votes at Kabuhungiro Primary School polling station, eight excess votes at Iryaruhuri trading centre polling station, nine excess votes at Buhayo Primary School polling station, three fewer votes at Rutare Church School polling station, 289 excess ballot papers at Bunagana Primary School polling station, and 144 excess ballot papers at Kabande polling station, as well as several other discrepancies across polling stations in Chahi, Nyarusiza, Nyakinama, and Bunagana town council.

Nabasa argued that the purpose of the application was to harmonise arithmetic errors on Declaration of Results forms through a court-supervised recount of ballot boxes.

Lawyer Jude Mwasa, again representing the Electoral Commission, stated that a recount can only be ordered where credible proof of numerical errors or miscalculation is presented.

After considering the submissions, Muhiga dismissed the application, ruling that the evidence presented was false and insufficient to warrant a recount.