Roses and Thorns: Tumwesigye Wins Right to Cross-Examine Returning Officer, Loses Bid to Inspect Ballot Boxes

What the report says

The High Court in Mubende has issued mixed rulings in the Buwekula South election petition filed by Fred Tumwesigye, who is challenging the election of Dedan Mubangizi as Member of Parliament. Acting Judge Mary Babirye allowed Tumwesigye to cross-examine Mubende District Returning Officer Ferdinand Mulekezi, but turned down a separate request to inspect ballot boxes and other electoral materials from 89 polling stations. The decisions were delivered electronically on September 29, 2026, according to Nile Post.

The dispute stems from the January 15, 2026 general election, after which Tumwesigye was first declared winner. A court-ordered recount later reversed that outcome and declared Mubangizi the winner. Tumwesigye then filed the petition, backed by affidavits from polling agents who alleged that electoral materials had been interfered with after voting day. The court said his inspection request lacked enough specific detail and noted that the ballot boxes had already been opened, handled and resealed during the recount, making a fresh inspection less useful for determining their condition immediately after polling.

At the same time, the judge found that differences in the Electoral Commission’s evidence justified oral questioning. Tumwesigye will be permitted to question Mulekezi in open court on October 6, 2026, focusing on disputed points in his affidavit and the custody of electoral materials between polling day and the recount. The petition will continue while the disputed materials remain in safe custody, and costs will be decided with the main case.