The hearing of a petition challenging the election of Kibuku County Member of Parliament Herbert Kinobere has been scheduled to begin on October 1, 2026.
The petition was filed by Charles Tamwenya, the National Resistance Movement (NRM) candidate who lost the January 15 parliamentary election to Mr Kinobere, an independent candidate.
The High Court sitting in Mbale, presided over by Justice Issa Sserunkuma, on September 21 set October 1 as the date for the hearing of the petition and determination of the issues that will guide the proceedings.
Mr Tamwenya is seeking to overturn Mr Kinobere’s election and have himself declared the winner.
Mr Kinobere polled 14,522 votes against Mr Tamwenya’s 12,869, giving him a majority of 1,653 votes.
The election attracted several other candidates, including Hamusini Mudederi of the FDC, Tom Tongolo of the NUP, Fred Bonyoko, Hassan Dodwa, Abudallah Ikebere, Herbert Mukoda and Richard Tagoya, all independents.
Petitioner’s claims
Mr Tamwenya contends that the election was conducted in contravention of the 1995 Constitution, the Electoral Commission Act and the Parliamentary Elections Act, which he says affected the integrity of the election and the validity of the results.
He alleges that the electoral process, from the campaign period through polling, counting and tallying, was characterised by intimidation, lack of freedom and transparency, unfairness and several alleged electoral offences and illegal practices.
According to the petition, the alleged irregularities affected the election results in a substantial manner and denied voters in Kibuku County a free and fair election.
Mr Tamwenya further alleges that the Electoral Commission returning officer for Kibuku and several presiding officers committed electoral offences.
He claims the returning officer made false records and returns that differed from results counted and declared at polling stations, thereby denying him his alleged rightful tally.
The petitioner further alleges that, contrary to Sections 66 and 97 of the Parliamentary Elections Act, the returning officer included in the final tally sheet results that he knew were not genuine or had been wilfully altered.
Mr Tamwenya also alleges that voters were bribed with money during the campaign period in areas including Buseta, Kituti, Kibuku and Kibuku Town Council, as well as at several polling stations on polling day, allegedly to influence them to vote for Mr Kinobere.
Court sets timelines
During Monday’s brief court session, the parties agreed to prepare a joint memorandum identifying the issues to be determined by court.
Justice Sserunkuma said cross-examination of witnesses would be limited to one hour and 30 minutes, urging lawyers to focus on substantial issues.
‘The lawyers should only pick key substantial issues that could be cross-examined rather than wasting time on the same issues. I will not entertain such wastage of time on non-issues,’ he warned.
The judge also granted the petitioner’s lawyers five days to respond to 53 affidavits filed by the respondents.
Mr Kinobere is represented by lawyers led by Geoffrey Kandebe, alongside Mr Asuman Basalirwa and two others, while Mr Tamwenya is represented by M.S Alliance Advocates.
Mr Kandebe said the defence was prepared to challenge the petition, dismissing the allegations as baseless.
‘I don’t see any serious issues that are contained in the petition that may interfere with our client’s victory. All the accusations are baseless but, of course, the petitioner has the right to make his assertions,’ he said.
‘We are prepared to confront them legally,’ he added.
The lawyers representing Mr Kinobere had also asked court to strike out claims relating to alleged lack of prerequisite academic qualifications, arguing that the petitioner should have raised the matter with the Electoral Commission.
Justice Sserunkuma rejected the submission and directed the parties to proceed with the agreed scheduling of the petition.
Mr Richard Okalany and Mr Machel Omondi, who represent Mr Tamwenya, said they had substantial evidence to support their client’s claims, including the allegation that the Electoral Commission wrongly declared Mr Kinobere the winner.
The petition will be determined after court considers the evidence and submissions from both sides.