Court Rejects Kyofatogabye’s Attempt to Introduce New Evidence

The High Court in Luwero has rejected an application by Nakaseke Central Member of Parliament Kabuye Kyofa seeking to introduce additional evidence to challenge the credibility of affidavits filed by his election rival, former MP Allan Mayanja, and his witnesses. 

The ruling was delivered on Wednesday by Justice Samuel Emokor as the court resumed hearing the election petition filed by Mayanja against Kyofa and the Electoral Commission.

Kyofa was declared the winner of the Nakaseke Central parliamentary election with 13,742 votes, defeating Mayanja, who contested on the National Unity Platform (NUP) ticket and garnered 8,298 votes. Dissatisfied with the outcome, Mayanja petitioned the High Court, challenging Kyofa’s victory and the Electoral Commission’s declaration of the results.

Mayanja alleges that results from 31 polling stations were improperly tallied and declared, arguing that the irregularities substantially affected the outcome of the election. When the hearing resumed on Wednesday, Geoffrey Kandeebe Ntambirweki, counsel for Kyofa, asked the court for permission to file an additional affidavit from a police officer who had allegedly investigated the credibility of affidavits submitted by Mayanja and his witnesses.

Ntambirweki told the court that the officer would be available for cross-examination on the contents of the affidavit. He apologised for the delay in filing the application, explaining that the investigation had taken longer than anticipated. Nasser Sserunjogi, counsel for the Electoral Commission, supported the application, arguing that granting permission to introduce the additional evidence was within the court’s discretion.

However, Lawrence Kabuye, counsel for Mayanja, opposed the application, arguing that admitting fresh evidence at that stage would prolong proceedings despite an agreed deadline for concluding the hearing. Kabuye also accused Ntambirweki of departing from earlier submissions on the evidence the parties had agreed to rely on. He questioned when the case would conclude if the court continued granting what he described as repeated applications by the defence.

In his ruling, Justice Emokor declined to admit the additional police evidence, saying he was not satisfied with the application. He noted that allowing the evidence would further delay the proceedings, yet the court had already set a deadline for concluding the case. The judge set Friday, October 16, as the deadline for final arguments. Following the ruling, Justice Emokor directed Kyofa’s lawyers to proceed with cross-examining witnesses presented by Mayanja.

The witnesses have filed affidavits alleging that results declared at their respective polling stations were altered and that their signatures were forged. During the cross-examination, Ibrahim Ssemwanga, a resident of Kyanya Village in Butalangu Town Council, told the court that results from his polling station had been altered. Ssemwanga asked the court to disregard the declaration forms certified by the Electoral Commission, arguing that they did not reflect the votes cast at his polling station.

Mayanja is also expected to present a handwriting expert to testify on allegations that signatures belonging to his polling agents were forged, as he seeks to substantiate claims of electoral malpractice. The hearing is expected to continue as the court examines the alleged irregularities raised in the petition.