Munyagwa says absence of voter verification machines raises fresh grounds for petition

After failing to vote using Biometric Voter Verification Kits (BVVK), Presidential candidate Mubarak Munyagwa says failure to deploy the machines could form strong grounds for an election petition.

Speaking to journalists shortly after casting his ballot on January 15, 2026, Common Man’s party flag-bearer Munyagwa, who is also a lawyer, said the machines were introduced through a statutory instrument issued by the minister and passed through due process to become a binding law, and their absence at polling stations amounts to non-compliance with electoral laws.

He questioned whether the Electoral Commission (EC) acted within the law by allowing voting to proceed without the BVVKs, which are required under subsidiary legislation.

“These machines are not administrative conveniences; they are a creation of the law. The big legal question is whether the EC can lawfully conduct an election without tools that are expressly provided for by law. That alone can constitute a ground for petition. The question now is whether the Electoral Commission has the authority to suspend or set aside provisions of electoral law during an ongoing election. I don’t think such powers exist,” Munyagwa said.

Munyagwa's comments followed President Yoweri Museveni blaming the Electoral Commission (EC) for 'deliberately failing the operations of BVVKs. The kits are aimed at identifying the voter and eradicating multiple voting at polling stations.

The President said he has directed a probe to establish which officials failed to send the biodata to the machine operators to enable them use the BVVKs. He was addressing the media shortly after voting at Kaaro polling station in Rwakitura, Kiruhura district.

Earlier in the day, Electoral Commission chairperson Justice Simon Byabakama attributed the widespread failure of Biometric Voter Verification Kits (BVVK) to technical challenges. However, he said the machines' failure should not disfranchise Ugandans of their constitutional right to vote.

Calm and orderly process

On the voting process, Munyagwa acknowledged that the voting process was calm and orderly—with voters lining up, registers available, and police deployed.

“Everything look smooth on the surface, but legality is not determined by calm queues or the presence of security. The law must be followed,” he said.

Munyagwa warned that the election process does not end with voting, noting that counting, tallying, transmission, and declaration of results are all stages that will be closely scrutinised.

Despite raising the legal red flags, Munyagwa said his party remains committed to a free and fair process and would respect the outcome if it is conducted in accordance with the law.

“What matters most is fairness and honesty. If the process is free and fair, we can congratulate whoever emerges as the winner,” he said.