Big Story! Supreme Court Sets Four Make-Or-Break Issues In Presidential Election Petition

By Frank Kamuntu

The Supreme Court in Kampala has outlined four key issues it will determine in Presidential Election Petition No. 1 of 2026, which challenges the election of President-elect Yoweri Kaguta Museveni following the January 15, 2026 presidential polls.

Earlier this week, the Court commenced the inter-partes hearing of the main petition filed by former presidential aspirant Robert Kasibante. The petitioner is seeking nullification of the election results, alleging widespread non-compliance with electoral laws and the commission of electoral malpractices.

The petition is being heard by a nine-member panel of justices led by the Chief Justice, Dr Flavian Zeija. Other members of the panel are Lady Justice Percy Night Tuhaise, Justice Mike Chibita, Lady Justice Elizabeth Musoke, Justice Stephen Musota, Justice Christopher Madrama Izama, Lady Justice Dr Catherine Bamugemereire, Lady Justice Monica Mugenyi, and Justice Kibeedi Muzamiru Mutangula.

Issues Framed By Court

After reviewing the pleadings and submissions, the Supreme Court framed four issues for determination.

The first issue is whether there was non-compliance with the provisions and principles of the Presidential Elections Act and the Electoral Commission Act in the conduct of the 2026 presidential election. This issue covers allegations that voting took place in un-gazetted polling stations, discrepancies between votes tallied at polling stations and those transmitted, non-compliance with the Electoral Commission (Adoption and Manner of Use of Biometric Voter Verification System) Regulations, 2020, failure to compile a credible voters’ register using prescribed technologies, and alleged partisan involvement of the army in the electoral process.

The second issue is whether, if the Court finds that there was non-compliance with electoral laws, such non-compliance affected the results of the election in a substantial manner.

The third issue relates to whether electoral offences were committed, particularly allegations of bribery and the use of derisive language, and whether such offences were committed by the first respondent personally or by his agents with his knowledge, consent, or approval.

The fourth and final issue is whether the petitioner is entitled to the remedies sought, including nullification of the election results.

On a related application challenging the President-elect’s victory, the Court confirmed that all parties had complied with its earlier filing directions and formally adopted the written submissions on record. The Court scheduled February 6, 2026, at 10:00 a.m. for delivery of its ruling on the application.

All parties were represented during the proceedings. The Attorney General, Mr Kiryowa Kiwanuka, appeared for the Government, assisted by the Solicitor General, Mr Pius Biribonwoha, the Deputy Solicitor General, Mr Charles Ouma, and the Director of Civil Litigation, Mr Martin Mwambutsya, among others.

The Electoral Commission was represented by former Deputy Attorney General Mwesigwa Rukutana, assisted by Ms Jennifer Angeyo, Mr Kugonza Enoch, Mr Eric Sabiiti, and other counsel.

Lawyers representing President Museveni included Mr Ebert Byenkya, Mr John Fisher Kanyemibwa, Mr Edwin Karugire, Mr John Musiime, Mr Ronald Tusingwire, and Mr Usaama Sebuufu, among others.

The petitioner, Mr Kasibante, was represented by Mr John Isabirye, alongside Dr Julius Galisonga, Mr Ivan Balyejusa, and Mr Ivan Bwowe.

Constitutional Timeline

Under Section 59 of the Presidential Elections Act, the Supreme Court is required to hear and determine a presidential election petition and deliver its judgment within 45 calendar days from the date of filing. The petition was filed on January 18, 2026, setting a strict constitutional deadline for the Court’s final decision.

The outcome of the case is expected to have significant implications for Uganda’s electoral jurisprudence and the country’s political landscape following the 2026 general elections.