Court asked to strike out 97 affidavits in Rubongoya petition against Kabanda

The High Court in Kampala has been asked to dismiss 97 affidavits filed in support of the National Unity Platform (NUP) Secretary General, David Lewis Rubongoya, in his election petition challenging the election of Kampala Central MP and Minister Minsa Kabanda Nabbengo.

This request has been put forward by the lawyers representing the Electoral Commission and Minister Kabanda. They argue that the 97 affidavits, which contain part of Rubongoya’s evidence, were submitted late and without the court’s permission.

Rubongoya filed his petition in March 2026, contesting Kabanda’s victory in the January 15 parliamentary election for Kampala Central Division. After the election, Kabanda was declared the winner with 22,280 votes, compared to Rubongoya’s 18,211.

Rubongoya alleges that the election was marred by irregularities, including alterations to the Declaration of Results (DR) forms, multiple voting, ballot stuffing, voter intimidation, and errors in vote tallying.

As the petition was heard for the second time today before Justice Flavia Nabakooza Kalungi, Kabanda’s lawyer, Ambrose Tebyasa, stated that the court should address the objections regarding the affidavits before considering the substantive petition.

Tebyasa pointed out that although the petition was filed on March 30, Rubongoya seemed unprepared, as he was still seeking additional evidence three months later, effectively turning it into an ordinary matter.

In a related statement, Electoral Commission lawyer Steven Kalali supported Tebyasa’s arguments, noting that the objections filed directly impacted the evidence that the court would ultimately consider.

After the court session, Kalali told the press that election petitions and all supporting evidence should be submitted within the specified timelines.

Kalali has further defended the Electoral Commission’s position on documents sought by  Rubongoya, saying the Commission had already supplied him (the petitioner) with DR forms and  accused him of engaging in a fishing expedition for evidence.

Rubongoya’s lawyer, Jude Byamukama, has denied the Electoral Commission’s position and is asking the court to compel it to provide additional electronic copies of the Declaration of Results (DR) forms and the corresponding certified results.

Byamukama specifically requests scanned copies of DR forms from several polling stations, including Pioneer Mall Parking, Shauriyako Bus Park, Nakivubo Road, Rubaga Road LC Meeting Place, Budonian Club, Bugambaki Road, Greater Evangelist Church, Nabagereka Primary School, Market View LC I, Martin Road at Kumar Supermarket, Church of God, Kitante Primary School, and Kisementi B Village II.

He argues that the request for electronically transmitted results from the Tally Centre has been prompted by alleged alterations in some of the DR forms provided by the Electoral Commission (EC).

The petition also raises concerns about the competency of Minister Kabanda, arguing that the names under which she was nominated to contest in the parliamentary race do not match those registered with NIRA and her A-level equivalent certificate.

In response, the EC states that nomination complaints should be handled by the Electoral Commission during the pre-nomination period and not by the court.

In her brief ruling, Justice Nabakooza concurred with the EC and Kabanda’s lawyers, stating that the rules require the court to first address interim matters (objections) in an election petition before the substantive hearing of the entire case.

She added that proceeding with the petition before resolving the objections to the affidavits would create uncertainty regarding the evidence on which the case would proceed.

The judge indicated that she would deliver a ruling on all the preliminary issues, including the challenge to the affidavits, on October 7, 2026.

In the substantive petition, Rubongoya seeks to nullify Kabanda’s election and declare him the MP for Kampala Central Division, or alternatively, to order a fresh election.