The High Court in Luwero has expunged an affidavit containing a handwriting expert’s report from the record in an election petition challenging the victory of State Minister for Kampala Metropolitan Affairs Kyofa Kabuye.
Kabuye was declared the winner with 13,742 votes, defeating National Unity Platform (NUP) candidate Allan Mayanja, who received 8,298 votes.
Mayanja petitioned the High court in Luwero to overturn Kabuye’s victory and the Electoral Commission’s declaration of the results. He alleges that results from 31 polling stations were altered in Kabuye’s favour and has submitted certified copies of declaration of results forms obtained from the Electoral Commission.
Through Lukwago and Company Advocates, Mayanja filed an additional affidavit containing a handwriting expert’s report intended to support allegations that some declaration forms had been falsified.
Kabuye’s lawyers, led by Geoffrey Kandeebe Ntambirweki, asked the court to allow them to cross-examine the expert. The court directed Mayanja’s lawyers to produce the expert by Thursday.
When the hearing resumed on Thursday, Mayanja’s lawyer, Medard Lubega Ssegona, told the court that the expert, from the Police Forensic Department, had been served with a summons but could not attend because she had not received authorisation from the Inspector General of Police.
Ssegona asked to withdraw the affidavit, and Justice Samuel Emokor granted the request. Kandeebe Ntambirweki did not object. He also withdrew an affidavit filed by another forensic expert on Kabuye’s behalf.
Ssegona later told the media that although the report had been expunged and its removal had implications for the case, other evidence—including the certified Electoral Commission documents—remained on the court record.
Kabuye also appeared in court on Thursday for cross-examination by Mayanja’s lawyers, led by Ssegona and Lawrence Kabuye. He was shown certified declaration forms that, Mayanja’s lawyers said, indicated discrepancies between the number of registered voters and the votes recorded as cast at several polling stations.
Kabuye denied involvement in any alleged alterations. He told the court that he spent election day at home and went to the tally centre only during the declaration of results.
Asked why some forms did not bear the signatures of agents, despite his claim that he had deployed representatives across the polling stations, Kabuye said he did not know why they were unsigned and argued that signing the forms was not mandatory.
He said any alterations or irregularities should be explained by the Electoral Commission’s presiding officers who signed the forms. Kabuye maintained that, based on his observations, the election had been free and fair.
Justice Emokor adjourned the case to Friday at 9:00 a.m. The Electoral Commission’s lawyers are expected to present the district returning officer for cross-examination, after which the lawyers are expected to conclude their arguments.
