COURT (UGNEWSLINE) – The High Court in Mpigi has upheld the election of former Trade and Cooperatives Minister Amelia Anne Kyambadde as Mawokota County North Member of Parliament after dismissing a petition challenging her victory.
Justice Jamson Karemani dismissed the petition filed by her rival, Hillary Innocent Kiyaga, commonly known as Dr Hilderman, ruling that he had failed to present sufficient evidence to prove electoral irregularities that could have substantially affected the outcome of the January 15, 2026 election.
The Electoral Commission declared Kyambadde the winner with 27,075 votes against Kiyaga’s 24,801, giving her a majority of 2,274 votes.
Kiyaga had asked the court to overturn the results, alleging that declaration of results forms from 24 polling stations had been altered to reduce his votes and increase those of Kyambadde. He also challenged results forms that lacked signatures of candidates’ polling agents and argued that Kyambadde was ineligible to contest because she had previously served as a Senior Presidential Advisor.
However, in his judgment, Justice Karemani found that although some certified declaration of results forms contained alterations, Kiyaga had failed to prove that the changes were deliberately made to manipulate the election results.
The judge ruled that uncertified copies of the results forms allegedly obtained by Kiyaga’s polling agents could not override certified copies held by the Electoral Commission, which is the official custodian of election records.
He relied on a Supreme Court decision in Kakooza John Baptist versus Electoral Commission and Anthony Yiga, which addressed the admissibility of uncertified declaration of results forms in election petitions.
Justice Karemani also noted that 22 affidavits from Kiyaga’s polling agents had earlier been struck out for failure to comply with the Illiterates Protection Act, weakening his ability to establish the authenticity and source of the alternative results forms.
The court instead relied on the testimony of Mpigi District Returning Officer Everest Twinomujuni, who explained that the alterations could have resulted from corrections made by presiding officers while completing the forms.
Twinomujuni told court that he received the forms in the condition in which they were presented, displayed them at the tally centre, read out the results and subsequently declared Kyambadde the winner.
The judge observed that Kiyaga had not raised any complaint during the display, tallying and announcement of results at the tally centre.
He further ruled that alterations to declaration of results forms do not automatically constitute an offence under Section 95 of the Parliamentary Elections Act unless there is evidence of fraudulent intention or an ulterior motive.
On the missing signatures of candidates’ polling agents, Justice Karemani acknowledged that several forms had been signed only by presiding officers, without signatures from candidates’ agents or explanations for their absence.
However, citing Section 66(7) of the Parliamentary Elections Act and previous court decisions, he ruled that failure by candidates or their agents to sign the forms does not automatically invalidate election results where the presiding officer has signed them.
The judge explained that the presiding officer is the principal and mandatory signatory responsible for declaring results at a polling station.
On Kyambadde’s eligibility, the court ruled that serving as a Senior Presidential Advisor did not amount to public service employment that required her to resign before contesting for Parliament.
Justice Karemani classified Presidential Advisors as political leaders rather than public officers under Article 175 of the Constitution.
The court also established that Kyambadde had submitted her resignation to the Secretary, Office of the President, on May 23, 2025, which was accepted on June 10, 2025.
The judge further held that Kiyaga had lost the opportunity to challenge her eligibility by failing to raise the matter before the Electoral Commission during the nomination period.
Consequently, Justice Karemani found no legal basis to nullify the election and confirmed Kyambadde as the directly elected MP for Mawokota County North.
He ordered each party to meet its own legal costs, observing that election petitions are matters of public interest involving not only candidates but also the voters who support them.
The judge cautioned that imposing excessive costs could discourage aggrieved candidates from seeking judicial redress.
The judgment was delivered electronically to lawyers representing the parties.
Kiyaga was represented by Medard Lubega Ssegona of Lukwago and Company Advocates, alongside Francis Ssebowa, Lawrence Kalamu and Samora Machel of Ssebowa and Company Advocates.
Kyambadde was represented by Anthony Bazira and Bantu Hazael of Byenkya, Kihika and Company Advocates, while the Electoral Commission was represented by Sam Sserwanga, Ivan Tumwebaze and Ezra Tonny Lubwama of Sam Sserwanga and Company Advocates.
