The Judiciary has warned Chief Magistrates handling Local Council election petitions against recounting ballot boxes whose seals are broken or tampered with, saying such actions compromise the integrity of the electoral process.
With less than two months to the 2026 general elections, the caution comes amid growing fears of disputes and interference in vote recounts.
Supreme Court Justice Lillian Tibatemwa told magistrates during a training session in Kampala that recounts must strictly follow Section 74(2) of the Parliamentary Elections Act, which requires the process to be personally conducted and supervised by the Chief Magistrate.
‘Where seals on a ballot box are discovered to be broken, missing, or altered, the recount cannot proceed,’ Justice Tibatemwa said on Wednesday.
‘The integrity of the ballot box is central to verifying the true will of the voters. Once the seal is broken or the box tampered with, the results inside cannot be relied upon,’ she added.
Justice Tibatemwa emphasized that recounts must be conducted in the presence of candidates, their agents, the returning officer, and Electoral Commission officials, and that only one ballot box should be opened at a time.
Justice Tibatemwa explained that after examining each ballot paper, the Chief Magistrate must record the findings and issue a sealed certificate of recount to the returning officer.
‘A recount does not automatically overturn results,’ she added, noting that where the outcome remains unchanged, the candidate who requested the recount may be directed to pay costs.
The Judiciary also raised concerns about the durability of plastic seals used by the Electoral Commission, saying their fragility often leads to breakages during transport, which fuels suspicion among candidates.
During the training organized by the Judicial Training Institute (JTI), Justice Phillip Odoki urged magistrates to remain steadfast and impartial despite the intense political pressure expected during the election season.
‘Pressure will come from all directions. The stakes are extremely high,’ Justice Odoki warned. ‘Imagine a candidate who has sold all his property to contest an election, and you, as Chief Magistrate, must decide whether he wins or loses. You will get calls from relatives, peers, and sometimes even superiors, all trying to influence your decision.’
He cautioned that election petitions are emotionally charged and may even pose security risks for judicial officers.
Justice Andrew Khaukha, the Executive Director of JTI, said the Judiciary expects an increase in petitions as the country moves toward the 2026 polls.
‘During and after elections, disputes usually arise. One candidate may claim their votes were more or less by a margin, prompting a recount before the Chief Magistrate,’ Justice Khaukha said.
He added that growing public awareness of electoral laws is likely to increase the number of petitions this time.
Uganda will hold its General Election on January 15, 2026.