The Electoral Commission (EC) has asked the court to uphold the results of the recent Kawempe North by-election, arguing that the petition seeking a fresh vote lacks sufficient grounds and could create a risky precedent for future elections.
Presenting arguments in court, EC lawyer Eric Sabiiti dismissed allegations that the election violated legal procedures, especially regarding vote tallying at 14 polling stations where violence disrupted the final count.
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“There are time constraints for announcing election results — tallying cannot go on indefinitely,” Sabiiti argued, stating that the returning officer was left with no legal choice but to declare a winner using the available results after election materials were destroyed in the chaos.
The EC emphasized that voting had been largely peaceful, with high voter turnout and polling concluding on time at 4pm.
Sabiiti explained that violence erupted during the sorting of votes when the likely winner became evident to onlookers, prompting a mob attack that resulted in the destruction of vital materials — such as ballot boxes, declaration forms, and the report book.
“These materials were completely destroyed,” he said, “but this should not invalidate the entire election. The petitioner cannot drag the process back to square one because of this incident.”
He also argued that there was no proof that the petitioner lacked representation at the tallying center and maintained the EC followed all necessary procedures.
“Our responsibility is to ensure the presence of agents and police at the tally center — and we did,” he said.
Defending the returning officer’s decision to leave the scene, Sabiiti said the law doesn’t require them to stay in dangerous situations, only to report incidents to police — which was done the next day. Investigations are still ongoing.
Addressing calls for a re-election in the 14 polling stations, Sabiiti warned it would set a troubling precedent that might encourage future violence by political actors aiming to manipulate outcomes.
“Ordering a rerun would open the door for politicians to instigate chaos to force new elections,” he cautioned.
He drew a biblical analogy, referencing King Solomon’s wisdom in resolving disputes, and urged the judge to apply similar judgment in this case.
Sabiiti further noted that the petitioner, Faridah Nambi Kigongo, had acknowledged she wouldn’t have won in the affected polling stations. He added that even if a rerun were ordered, it would be impractical because the results from the other polling stations had already been finalized, diminishing any realistic path to victory.
“There’s just no substantial evidence to overturn the election,” Sabiiti concluded.
The declared winner, Elias Nalukoola, is expected to submit his final arguments today, while the court is set to deliver its ruling in the coming weeks.
This case is considered a critical test for the credibility of Uganda’s electoral system, especially regarding how election-related violence is addressed.
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