Court Expunges 97 Affidavits in Rubongoya-Kabanda Election Petition

What the report says

The High Court in Kampala has removed 97 affidavits from the election petition filed by National Unity Platform secretary general David Lewis Rubongoya against Minister Minsa Kabanda’s win in the Kampala Central parliamentary race, according to Nile Post. Justice Flavia Nabakooza Kalungi ruled that the affidavits were filed after the petition was lodged and without the court’s permission, accepting arguments from Kabanda and the Electoral Commission that they amounted to supplementary evidence.

Rubongoya had said the extra affidavits, filed in June and August, contained material from voters, polling agents and other witnesses. His side argued the documents were additional evidence submitted before the scheduling conference, but the court found they should not have been introduced without leave. The judge relied on election petition rules and previous appellate guidance, and ordered the affidavits and their attachments expunged from the record.

The court also struck out one complaint about the placement of 23 polling stations in Nakasero II and Kololo II, saying that issue should have been raised before polling because it related to a pre-election matter. Other complaints in the petition, including those about Kabanda’s nomination, academic qualifications and discrepancies in her names, were allowed to remain.

Nile Post reported that the ruling does not decide whether Kabanda was validly elected. Her Electoral Commission tally showed 22,280 votes against Rubongoya’s 18,211, and the petition is expected to move toward a scheduling conference and later substantive hearing.