Court Faults Mufumbiro’s Evidence in Nakawa East Election Petition

What the report says

The High Court has dismissed key parts of a petition challenging the election of Fredric Ruhindi as Nakawa East MP, saying the evidence presented by National Unity Platform deputy spokesperson Waiswa Mufumbiro was not strong enough to overturn the result. According to Nile Post, Justice Allan Nshimye found that uncertified election result forms and claims of turnout irregularities did not prove that the vote was conducted improperly or that Mufumbiro had more votes than Ruhindi.

The court examined allegations including discrepancies in declaration forms, inflated vote totals, unusually high turnout at some polling stations, and the possible omission of stations from the final tally. Mufumbiro had relied on photocopied declaration of results forms and other annexures to support his case, but the Electoral Commission objected, arguing that public documents must be produced as certified copies or through primary evidence. The judge agreed, relying on the Evidence Act and prior case law to say uncertified copies could not be treated as reliable proof.

The ruling also addressed testimony about polling stations said to have recorded near-total turnout. The court noted that one witness later admitted at least one turnout figure had been wrong, and questioned why polling agents from the affected stations were not called to confirm what happened. It further found that some form inconsistencies involved voter gender breakdowns rather than candidate votes, and said those errors alone did not show the election outcome was compromised.

The decision highlights the heavy evidentiary burden in election petitions: challengers must show not only that irregularities occurred, but also how they affected the final result. The case is significant because it reinforces the standards courts may apply when reviewing disputed parliamentary elections in Uganda.