Are Election Petitions Becoming Futile?

What the report says

Nile Post examines whether parliamentary election petitions in Uganda are still delivering meaningful remedies, pointing to a recent run of dismissals even where judges have identified serious problems in the conduct of elections. The article says the issue has come into sharper focus after several 2026 rulings, including a November 9 decision by Justice Joanita Bushara in which Donna Kamuli Kapalaya’s petition against Bundibugyo District Woman MP Josephine Babungi Bebona was dismissed despite findings of material tally errors and weaknesses in election administration.

The report also cites other cases in which courts acknowledged irregularities but still upheld the declared winners because petitioners did not prove that the problems substantially changed the outcome. These include the Masaka City Woman MP dispute involving Rose Nalubowa and Justine Nameere, the Kalungu petition involving Hellen Nakeeya and Aisha Sekindi, and a separate challenge by Veronica Nanyondo that was dismissed for lack of proof to the required standard.

According to the article, these decisions highlight a tension in Uganda’s election law: petitioners must show not only that irregularities occurred, but that they materially affected the result. The piece argues that this can be difficult when records are incomplete or unreliable, and questions whether the current framework offers enough remedies beyond simply overturning or upholding a seat. It also notes that courts have sometimes ordered costs against both petitioners and the Electoral Commission, and that judges have urged the EC to keep accurate, traceable records.