RUHINDI WINS COURT BATTLE AS JUDGE NSHIMYE UPHOLDS NAKAWA DIVISION EAST MP VICTORY

The High Court has upheld the election of Hon. Fredrick Ruhindi as the duly elected Member of Parliament for Nakawa Division East Constituency in Kampala Capital City, dismissing a petition that sought to overturn his victory in the January 15, 2026 parliamentary elections.

In a judgment delivered on Friday, October 30, 2026, by Justice NSHIMYE ALLAN PAUL M., the court dismissed Election Petition No. HCT-00-CV-EP-0012-2026, filed by Waiswa Alex Mufumbiro against Ruhindi and the Electoral Commission.

The ruling confirmed Ruhindi's parliamentary victory after the petitioner failed to convince the court that the alleged electoral irregularities substantially affected the outcome of the election or that the declared winner had personally participated in electoral offences.

Mufumbiro had challenged Ruhindi's declaration as the winner, raising several allegations, including falsification and inflation of votes, discrepancies in declaration of results (DR) forms, ballot stuffing, failure to tally results from 22 polling stations and other alleged violations of the Parliamentary Elections Act, Cap 177.

However, after evaluating the evidence presented by the parties, Justice Nshimye found that the petitioner had not discharged the legal burden required to overturn the election.

Court establishes failure to tally results from 22 polling stations

One of the major issues addressed in the judgment was the failure by the returning officer to include results from 22 polling stations in the final tally sheet.

The court established that the omission amounted to non-compliance with Sections 72 and 77 of the Parliamentary Elections Act, Cap 177, which provide for the proper tallying and declaration of parliamentary election results.

The judge acknowledged that the omission constituted an electoral irregularity and could form a legitimate ground for an election petition.

Nevertheless, the court emphasised that the mere existence of an electoral irregularity does not automatically invalidate an election.

The petitioner was required to demonstrate that the non-compliance affected the election result in a substantial manner.

After ascertaining and adding the votes from the 22 omitted polling stations, the court found that Ruhindi still maintained a substantial winning margin.

The judge consequently concluded that although the returning officer had failed to comply with the law, the omission did not substantially affect the final election outcome. 

Uncertified DR forms weaken Mufumbiro's petition

The court also examined the petitioner's allegations of vote inflation and falsification of election results, which were supported by several declaration of results forms.

However, Justice Nshimye found that numerous photocopies of the DR forms presented by the petitioner were uncertified.

The court held that uncertified photocopies of public documents could not be treated as authentic evidence in the absence of applicable legal exceptions.

As a result, several documents relied upon to substantiate the allegations were found inadmissible.

This significantly weakened the petitioner's case because he was required to support his claims with credible and legally admissible evidence.

The court consequently found that Mufumbiro had failed to establish through admissible documentary evidence that he had obtained more votes than those officially declared by the Electoral Commission. 

Judge finds no evidence linking Ruhindi to electoral offences

Another critical issue was whether Ruhindi had personally participated in electoral offences, including ballot stuffing and falsification of election results, or whether such offences had been committed with his knowledge and consent.

The petitioner had raised several allegations concerning irregularities at polling stations and discrepancies in election results.

However, the judge found that the evidence presented did not sufficiently connect Ruhindi to the alleged electoral offences.

The court observed that several complaints were based on statements attributed to election supervisors rather than direct evidence from polling agents who had participated in the electoral process and signed the relevant declaration forms.

The judge considered the hearsay allegations and uncorroborated statements insufficient to establish the alleged wrongdoing.

Consequently, the court found no credible evidence demonstrating that Ruhindi had personally committed electoral offences or that any such offences had been carried out with his knowledge and consent. 

Court reiterates burden of proof in election petitions

In dismissing the petition, Justice Nshimye emphasised the importance of the statutory burden of proof in election disputes.

The court reiterated that a petitioner challenging an election must establish the allegations on a balance of probabilities through credible and admissible evidence.

It further underscored that allegations of electoral malpractice, vote manipulation and non-compliance with electoral laws must be sufficiently demonstrated before a court can nullify an election.

In Mufumbiro's case, although the court established that results from 22 polling stations had been omitted from the final tally, the petitioner failed to demonstrate that the omission substantially affected the outcome.

Similarly, the allegations of ballot stuffing, falsification of results and personal involvement of the declared winner in electoral offences were not sufficiently proved.

The judge therefore found no legal basis to overturn the Electoral Commission's declaration of Ruhindi as the winner. 

Court dismisses election petition and confirms

Ruhindi In the final orders issued on October 30, 2026, Justice Nshimye dismissed Election Petition No. HCT-00-CV-EP-0012-2026.

The court expressly declared:

"The 1st Respondent, Hon. RUHINDI FREDRICK is the duly elected Member of Parliament for Nakawa Division East Constituency, Kampala Capital City."

The judge further ordered each party to meet the legal fees of their respective lawyers.

The decision effectively brings the legal challenge to Ruhindi's election victory to an end at the High Court, preserving his parliamentary mandate following the January 15, 2026 general elections.

Ruling highlights importance of credible evidence in electoral disputes

The judgment reinforces the principle that while electoral officials are expected to strictly comply with electoral laws, not every irregularity automatically warrants the nullification of an election.

The court acknowledged the failure to include results from 22 polling stations but established that adding the ascertained votes did not change the winner. It also highlighted the importance of properly certified documentary evidence, credible witnesses and proof of personal involvement when allegations of electoral offences are made against a declared winner.

For candidates seeking to overturn election results, the decision underscores that allegations alone cannot replace proof and that established irregularities must meet the legal threshold for nullifying an election.

With Justice Nshimye Allan Paul dismissing the petition and upholding the Electoral Commission's declaration, Hon. Fredrick Ruhindi remains confirmed as the duly elected Member of Parliament for Nakawa Division East Constituency, Kampala Capital City.

Judgment delivered by Nshimye Allan Paul M., on October 30, 2026.