The High Court in Masaka has upheld Justine Nameere’s election as Masaka City Woman Member of Parliament. In a judgment delivered electronically on Wednesday, Justice Bernard Namanya dismissed Nalubowa’s election petition, saying she had failed to prove that the irregularities affected the final results.
The court also ordered Nalubowa, who contested on the National Unity Platform (NUP) ticket, to pay the costs of the petition.
Namanya found that the Electoral Commission had failed to secure election materials and allowed the recount to proceed despite evidence of tampered ballot boxes.
However, he ruled that the breaches did not provide sufficient grounds to overturn Nameere’s victory.
“Although she established that the recount proceedings conducted under the direction of the Chief Magistrate were not fully compliant with the electoral law, she did not prove that the result certified after the recount failed to reflect the democratic choice of the electorate,” Namanya ruled.
Nalubowa had initially defeated Nameere, the National Resistance Movement (NRM) candidate, in the January 15 parliamentary election.
The Electoral Commission declared Nalubowa winner with 25,443 votes against Nameere’s 20,324.
Nameere challenged the results, claiming that officials had left out votes from 11 polling stations. The High Court later established that results from nine polling stations had been omitted.
A recount conducted between January 30 and February 1 overturned Nalubowa’s victory.
Nameere emerged winner with 25,502 votes against Nalubowa’s 23,176, giving her a lead of 2,326 votes.
Nalubowa petitioned the High Court, citing missing ballots, broken ballot boxes, unlawful delegation of counting duties and the exclusion of nine polling stations.
She asked the court to cancel Nameere’s declaration and restore her initial victory.
During the hearing, the court examined certified recount records showing that some ballot boxes had broken seals or were already open.
Other boxes lacked cast ballots despite records showing that voters had used ballot booklets. One box contained marked ballots favouring only Nameere.
The recount also excluded nine polling stations.
Namanya ruled that proceeding with the recount under those circumstances violated electoral law.
“A recount is not a mechanical exercise in re-opening ballot boxes; it is a judicial process intended to verify, with greater security and reliability, the numerical will, expressed by the electorate,” he said.
The judge also faulted Chief Magistrate Abert Asiimwe for declaring Nameere winner.
He said the law required the returning officer to make the declaration after receiving the recount certificate.
Despite these findings, Namanya ruled that Nalubowa had failed to demonstrate how the irregularities changed the election outcome.
He said she had not presented a detailed analysis of the results from individual polling stations to challenge the certified recount figures.
The judge also questioned her failure to provide the complete recount record or evidence showing that she had tried unsuccessfully to obtain the missing documents.
Regarding the nine excluded polling stations, the court relied on certified tally sheets and declaration forms showing that Nameere received 743 votes while Nalubowa secured 610.
The stations accounted for 1,353 votes.
Namanya said the court had to consider the votes cast at those stations rather than the number of registered voters.
He reasoned that even if all 1,353 votes went to Nalubowa, her total would rise to 24,529, leaving her 973 votes behind Nameere.
“The declaration of the 1st respondent, Nameere Justine, as the winner of the election therefore stands,” Namanya ruled.
The court also dismissed Nalubowa’s claims that the recount took place outside the legal timeframe and lacked judicial supervision.
Namanya found that the recount had been ordered within the required period. He also said Nalubowa had failed to prove that unauthorised officials conducted the counting.
Following the judgment, Nameere welcomed the decision and thanked God for sustaining her throughout the court battle.
“I thank the Almighty God for the peace and strength He has given me throughout this entire period,” she said.
She also thanked President Yoweri Museveni and Chief of Defence Forces Gen Muhoozi Kainerugaba for their support.
