Supreme Court Frames Issues for Determination in Kasibante’s Petition

The Supreme Court in Kampala has framed four issues for determination arising from a petition in which former presidential candidate Robert Kasibante seeks to overturn the victory of President-elect and incumbent Yoweri Kaguta Museveni, arguing that the election was conducted in non-compliance with the law.

The issues were framed before a panel of nine Supreme Court justices led by the Chief Justice, Dr. Flavian Zeija. Other justices on the panel are Percy Night Tuhaise, Mike Chibita, Elizabeth Musoke, Stephen Musota, Christopher Madrama, Catherine Bamugemereire, Monica Mugenyi, and Muzamiru Mutangula Kibedi.

The first issue is whether there was non-compliance with the provisions and principles of the Presidential Elections Act and the Electoral Commission Act in the conduct of the 2026 presidential election.


The second issue is whether, if non-compliance is proved, it affected the results of the election in a substantial manner.


 The third issue is whether electoral offences, including allegations of bribery and the use of coercive, abusive, or intimidating language, were committed by President Museveni either personally or through agents acting with his knowledge, consent, or approval.


The fourth issue is whether the petitioner is entitled to the remedies sought. Among the remedies sought, Kasibante is asking the court to order the Electoral Commission to conduct fresh presidential elections.

After framing the issues for determination, the justices proceeded to mark the documentary exhibits that Kasibante intends to rely on to support his case.

Chief Justice Dr. Flavian Zeija later directed that any cross-examination of the Electoral Commission Chairperson, Justice Simon Byabakama, and the Deputy Attorney General, Jackson Kafuuzi, by Kasibante’s lawyers-if allowed by the court-will take place on February 9, 2026.


Further directions were issued requiring Kasibante to file and serve his submissions on the petition by February 13, 2026. The Electoral Commission and the Attorney General, who are the second and third respondents respectively, are to respond by February 15, 2026.

Parties will then return to court on February 18, 2026, when the court will determine whether submissions need to be highlighted and announce the judgment date.