Supreme Court Begins Hearing of the Main Petition Challenging Election of President-Elect
Hon. Lady Justice Catherine K. Bamugemereire (L), Hon. Justice Kibeedi Muzamiru Mutangula part of the panel Justices
Earlier today, the Supreme Court in Kampala commenced the inter-partes hearing of the main petition challenging the election of President-elect Yoweri Kaguta Museveni following January 15, 2026 presidential election.
The petition, Presidential Election Petition No. 1 of 2026, was filed by former presidential aspirant Robert Kasibante, who is asking the Court to nullify the election results on grounds of alleged non-compliance with electoral laws and electoral malpractices.
The petition is being heard by a panel of nine Justices led by the Chief Justice, Dr. Flavian Zeija, alongside Lady Justice Percy Night Tuhaise, Justice Mike Chibita, Lady Justice Elizabeth Musoke, Justice Stephen Musota, Justice Christopher Madrama Izama, Lady Justice Dr. Catherine Bamugemereire, Lady Justice Monica Mugenyi, and Justice Kibeedi Muzamiru Mutangula.
Issuesto be determined by Court
TheCourt framed the following issues for determination:
- The first issue is whether there was non-compliance with the provisions and principles of the Presidential Elections Act and the Electoral Commission Actin the conduct of the 2026 presidential election. This issue encompasses allegations relating to the conduct of elections in allegedly un-gazetted polling stations, discrepancies between votes tallied at polling stations and those transmitted, non-compliance with the Electoral Commission (Adoption and Manner of Use of Biometric Voter Verification System) Regulations, 2020,alleged failure to compile a credible voters' register using prescribed technologies, and alleged partisan involvement of the army in the electoral process.
- The second issue is whether, if the first issue is answered in the affirmative, the established non-compliance affected the results of the election in a substantial manner.
- The third issue concerned whether electoral offences, particularly alleged bribery and use of derisive language, were committed by the first respondent personally or by his agents with his knowledge, consent, or approval.
- The fourth issue is whether the petitioner was entitled to the remedies sought.
On the related application challenging the President's victory, the Court confirmed that all parties had complied with filing directions and adopted the written submissions on record. The Court fixed 6 February 2026, 10:00 a.m for delivery of its Ruling.
All parties were represented in court. The learned Attorney General, Kiryowa Kiwanuka, appeared for the Government, together with Mr. Pius Biribonwoha(Solicitor General), Mr. Charles Ouma (Deputy Solicitor General), and Mr. Martin Mwambutsya (Director, Civil Litigation), among others.
The Electoral Commission was represented by the former Deputy Attorney General, Mwesigwa Rukutana, assisted by Jennifer Angeyo, Kugonza Enoch, Eric Sabiiti, and others.
Counsel appearing for President Museveni included Ebert Byenkya, John Fisher Kanyemibwa, Edwin Karugire, John Musiime, Ronald Tusingwire, and Usaama Sebuufu, among others.
Counsel for the Petitioner included Mr. John Isabirye, together with Dr. Julius Galisonga, Ivan Balyejusa, and Ivan Bwowe.
Under Section 59 of the Presidential Elections Act, the Supreme Court is required to conclude the hearing of the petition and deliver its judgment within 45calendar days from the date of filing, which was January 18, 2026.
Posted 3rd, February 2026
