President Museveni has lined up six witnesses to defend his victory in the January 15 presidential election that is being challenged before the Supreme Court.
The disclosure was made before a nine-man panel of judges of the Supreme Court led by Chief Justice Flavian Zeija as they adopted submissions from all parties and framed four key issues for determination in the petition. Mr Museveni’s win is being contested by Mr Robert Kasibante, a former presidential candidate of the National Peasants’ Party (NPP), who was present in court. He is being represented by a team of lawyers led by Mr Julius Galisonga, Mr John Isabirye and Mr Ivan Bwowe.
President Museveni, the first respondent, is represented by Mr Ebert Byenkya and Mr Edwin Karugire. Mr Kiryowa Kiwanuka, the Attorney General, appeared alongside Solicitor General Pius Biribonwoha and Deputy Solicitor General Charles Ouma, while the Electoral Commission (EC) was represented by Mr Mwesigwa Rukutana, Mr Eric Sabiiti, and Mr Edgar Ayebazibwe. EC Commissioner Stephen Tashobya also attended the hearing.
At the beginning of the session, Isabirye briefed the court on the status of filings, informing the justices that all parties had complied with the timelines set earlier.
‘The last time we were in court, we received directions and were directed to file submissions in support of the application by Friday last week, and we did. The respondents filed their responses by February 1, and we filed our rejoinder by yesterday,’ Mr Isabirye said. He told the court that the petitioner had received three sets of submissions from the respondents and prayed that the petitioner’s submissions, together with the rejoinder, be adopted as part of the record. Chief Justice Zeija reminded the parties that the court had earlier directed them to meet and agree on a joint scheduling memorandum. Mr Isabirye confirmed the meeting took place and a joint memorandum dated January 29, had been filed.
‘In that memorandum, we have four sets of agreed facts and proposed four issues for determination, and we pray that the court adopts them,’ he submitted.
Mr Isabirye told the court that Mr Kasibante had lined up eight witnesses. President Museveni, who has listed six witnesses, has the liberty to call additional ones with leave of court, while the EC has listed 12 witnesses. Among President Museveni’s witnesses are senior officials of the ruling National Resistance Movement (NRM) party, including Secretary General Richard Todwong, and the Director of Legal Services, Mr Enoch Barata, as well as polling agents from selected polling stations in Kampala.
The EC witnesses include its chairperson Justice Simon Byabakama Mugenyi, its Secretary Richard Baabo Kamugisha, and the Director of Technical Support Services, Mr Solomon Muhumuza. Justice Monica Mugenyi advised the parties to clearly highlight alleged instances of non-compliance with the electoral laws and specific electoral offences to aid the court in writing its judgment. ‘It would be a good idea to highlight the said non-compliance and electoral offences in question,’ she said as she directed the parties to exhibit all agreed documents and clarify which witnesses would tender them.
Mr Isabirye explained that the petitioner’s case on non-compliance largely rests on three areas, with the first concerning elections allegedly conducted at polling stations not duly gazetted. The second relates to the tallying, counting and transmission of results. ‘The specific issue is that the votes that were tallied at polling stations were not the ones ultimately transmitted for tallying,’ he submitted. The third area concerns the use of biometric voter verification kits (BVVKs). Mr Isabirye argued that although regulations governing the adoption and use of the machines had been gazetted, they were not complied with during the election.
Justice Catherine Bamugemereire pressed the petitioner’s lawyers to identify at least one polling station where voting allegedly took place without gazettement.
Mr Bwowe responded that while about 38,000 polling stations were gazetted and displayed on April 5, 2025, an additional 15,000 polling stations were allegedly created and displayed by the EC on April 21, 2025, without gazettement.
‘That is the gist of our application for discovery,’ Mr Galisonga said. ‘Once the order is given, we shall compare and contrast.’
But when asked to name a specific ungazetted polling station, the petitioner’s lawyers said they were unable to do so due to lack of access to EC documents.
Responding for Mr Museveni, Mr Byenkya argued that the allegations relating to tallying were too broad and non-specific. ‘The petitioner does not identify any district or tally centre. No case has been made on tallying,’ he submitted. The EC denied the allegations, with Mr Rukutana stating: ‘To sum it all, the Electoral Commission denies having any ungazetted polling stations.’
The court later framed four issues for determination, including whether there was non-compliance with electoral laws in the conduct of the 2026 presidential election, whether such non-compliance substantially affected the results, whether electoral offences such as bribery and use of derogatory language were committed by President Museveni or his agents, and whether the petitioner is entitled to the remedies sought. Chief Justice Zeija directed that cross-examination, if allowed, would take place on February 9, with the final submissions and rejoinders to follow before court announces the judgment date.