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Judiciary Allows Filing of Election Petitions in Respective High Court Circuits

Agency

The Judiciary has clarified that aggrieved parties in parliamentary and local government elections can file their election petitions in the respective High Court circuits where the elections were conducted, a move aimed at improving efficiency and access to justice.

The Judiciary Public Relations Officer, James Jumire Ereemye Mawanda, said the arrangement is part of ongoing reforms to decentralise court services and reduce delays in the handling of election-related cases.

Uganda currently has 37 High Court circuits, more than 20 of which are operational.

Mawanda said all operational circuits are mandated to receive and handle election petitions arising within their jurisdictions, a development expected to speed up case disposal and reduce congestion at the central registry in Kampala.

Mawanda clarified that parliamentary and local government election petitions can only be filed after the official gazetting of election results.

Once gazetted, the Judiciary has a statutory period of 60 days within which to hear and determine the petitions.

Even before the gazettement of results, a presidential election petition has already been filed in the Supreme Court challenging the conduct and outcome of the January 15, 202,6 presidential election, in which President Yoweri Kaguta Museveni was declared the winner. The petition was lodged by Robert Kasibante, a former presidential candidate who contested on the National Peasants Party ticket, against President Museveni, the Electoral Commission, and the Attorney General.

Kasibante contends that the election was marred by widespread illegalities, electoral offences, and non-compliance with the law that substantially affected the final results. According to the Electoral Commission, President Museveni was declared the winner with 7,946,772 votes, followed by Robert Kyagulanyi with 2,741,238 votes, while Kasibante garnered 33,440 votes.

In his petition, Kasibante accuses the Electoral Commission of failing to conduct a free and fair election, alleges partisan involvement of security agencies, misuse of state resources, voter bribery, media bias, violence against opposition candidates and supporters, and the use of ungazetted polling stations. He also challenges the credibility of the voters’ register, the biometric voter verification system, and the tallying process.Kasibante is asking the Supreme Court to nullify the presidential election results and order fresh elections in accordance with the law. The petition was filed under Article 104 of the Constitution and Section 61 of the Presidential Elections Act. The Supreme Court is expected to issue directions on the hearing of the petition. Meanwhile, Kasibante’s lawyer, Julius Galisonga, told Mega Fm that they are yet to serve President-elect Museveni with the petition. Galisonga said they are waiting for the Registrar to sign the notice of presentation of the petition before effecting service on the President.

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