Court Orders Recount in Contested Aruu County Parliamentary Race

The Pader Chief Magistrate’s Court has ordered a full recount of votes in the closely contested Aruu County parliamentary election after Independent candidate Dr. Odonga Otto convinced the court that serious tallying errors may have affected the outcome.

In a ruling delivered on Thursday, Chief Magistrate Kirya Martins directed that the recount be conducted on January 23 at 8:30 am. The Aruu race was decided by a margin of just 26 votes, making it one of the tightest parliamentary contests in the region.

The Electoral Commission had declared National Resistance Movement (NRM) candidate Hon. Christopher Komakech the winner with 10,455 votes, against Otto’s 10,429. Otto, a former Member of Parliament for the area, immediately challenged the results. 

Otto told the court that 175 votes clearly cast in his favour were wrongly declared invalid at 12 polling stations, largely due to failures of the Biometric Voter Verification Machines (BVVMs). He argued that although the machines failed to function properly, voters’ choices were clearly marked on the ballot papers and should not have been invalidated.

Among the polling stations cited were Pader Labongo (29 votes), Layet Hellen Compound–Pukor (18), Bar Dyang Primary School (17), and Kineni–Pukor (20). 

Through his lawyer, Kenneth Akena, Otto argued that the Returning Officer ignored a formal request for a recount and rushed to declare results in the absence of his polling agents. Counsel submitted that where an election is decided by such a narrow margin, the court has a duty to verify the arithmetic and safeguard the will of the electorate.

Otto supported his application with six affidavits from polling agents, coordinators, and voters, all pointing to inconsistencies in the tallying and declaration of results. 

Lawyers for Komakech and the Electoral Commission—Geoffrey Komakech and Jude Mwasse—acknowledged receiving the recount request but argued it was filed late, at about 1:30 a.m. on January 16, after results had already been declared and transmitted. They also contended that the signing of declaration forms by agents amounted to acceptance of the results.

However, Magistrate Kirya dismissed the objections, ruling that the delay was not inordinate and noting that no evidence had been presented to suggest the ballots had been tampered with. Citing previous election cases, the magistrate held that courts must intervene where arithmetic errors are likely and could materially affect the outcome of an election.

The recount will be conducted at the Pader Chief Magistrate’s Court under tight police security. Its outcome will determine who represents Aruu County in Parliament and could set an important precedent for handling closely contested elections in northern Uganda.