Supreme Court Halts Forensic Data Ruling as Kasibante Applies to Withdraw Petition

The Supreme Court has directed lawyers representing President Yoweri Museveni, the Electoral Commission, and the Attorney General to file responses to an application by former presidential candidate Robert Kasibante seeking permission to withdraw his petition challenging the outcome of the January 15 presidential election.

Kasibante, through his lawyers, Julius Galisonga, Ivan Bwowe, and John Isabirye, accused the Electoral Commission of failing to conduct a free and fair election, alleging violence, voter bribery, misuse of state resources, failure to gazette polling stations, lack of transparency in vote counting and transmission, and bias by state security agencies.

He had asked the Supreme Court to nullify President Yoweri Museveni’s victory, cancel the declared results, order fresh elections, invalidate results from allegedly illegally established polling stations, order a full audit of election materials, and award him costs. But before hearing of the main petition, Kasibante filed a separate application seeking court orders compelling the Electoral Commission to release back-end electoral data to enable a nationwide forensic audit. The data sought included biometric voter verification records, scanners, electoral servers, and any other materials relied upon to declare Museveni the winner of the highly contested election.

The application was scheduled for ruling today. However, when lawyers for all parties appeared in court, the Supreme Court Registrar announced that they were required to attend a meeting in the boardroom with the nine justices presiding over the matter, led by Chief Justice Dr Flavian Zeija. After about 45 minutes, the lawyers left the court premises.

Speaking to journalists shortly after, Attorney General Kiryowa Kiwanuka said that during the closed-door meeting, the justices directed all respondents to file responses to Kasibante’s application to withdraw the petition. He explained that once responses are filed, the court will issue guidance on the next procedural steps but hastened to add that the application for discovery, which was expected to be ruled upon today, has technically abated, although formal direction from the court is still required.

Kiwanuka noted that while the respondents had opposed the petition and invested significant effort, including working under intense pressure, the Attorney General’s chambers does not intend to oppose the withdrawal and will instead ask the court to dismiss the petition, but he would consult internally with his team on whether to pursue legal costs against Kasibante.  

Former Deputy Attorney General Mwesigwa Rukutana, the lead counsel for the Electoral Commission alongside Eric Sabiiti, the head of litigation, said the commission welcomes the withdrawal, interpreting it as an indication that the petitioner is now satisfied that the elections were conducted in accordance with the law and the Constitution.

However, Rukutana expressed disappointment that the withdrawal denies the court an opportunity to issue a ruling that could have set an important legal precedent.

Kasibante, who was not initially present at court but later arrived following repeated calls from journalists amid a heavy Friday downpour, said he withdrew the petition due to a lack of financial support and evidence. He said that although political parties had agreed to financially support him and provide evidence, they later failed to follow through.   

Kasibante remarked that he had sold his property to finance the case. He added that prosecuting the petition to conclusion would have required about seven billion Shillings, with at least three billion needed just to reach the current stage, which he did not have.     

Court records indicate that the logistical and technical demands of conducting a nationwide forensic audit would have imposed costs far beyond Kasibante’s financial capacity.

Kasibante stated that the scope of electronic data sought, covering all election returns, biometric records, scanners, and servers nationwide, would require highly specialised and independent forensic experts using sophisticated proprietary equipment. He said the verification process would take several hours or days to authenticate the data to a standard admissible in court.

He added that the cumulative professional fees and operational costs would be financially prohibitive, making it impossible to successfully prosecute the petition without evidence obtainable through discovery. As a result, Kasibante said he made the difficult but necessary decision to withdraw both the petition and the application for discovery.

In the previous court session, the panel of nine justices had directed that any cross-examination of the Electoral Commission Chairperson, Justice Simon Byabakama, and the Deputy Attorney General, Jackson Kafuuzi, if allowed, would take place on February 9, 2026. Kasibante was required to file submissions by February 13, while the Electoral Commission and Attorney General were to respond by February 15.

The Parties were scheduled to return to court on February 18, 2026, to determine whether submissions would be highlighted, with judgment initially expected on the same day. They were also due back in court today, February 6, to receive a ruling on the discovery application.

The Electoral Commission declared Museveni the winner with 7,946,772 votes, followed by Robert Kyagulanyi Ssentamu with 2,741,238 votes. Other candidates included Nathan Nandala Mafabi with 209,039 votes, Gen Gregory Mugisha Muntu with 59,276 votes, Frank Bulira with 45,959 votes, Mubarak Munyagwa with 31,666 votes, while Kasibante received 33,440 votes.

The parties will now await further guidance from the court on the next steps.