The High court has dismissed an election petition filed by former MP Paul Akamba challenging the election of Busiki County MP, Waiswa Joel Azalwa.
In a judgment delivered electronically on Tuesday, justice Patience Rubagumya found that although there was non-compliance with electoral laws at Budongo (A-I) Namutumba Primary School polling station, the disruption did not substantially affect the election results.
Akamba had indicated that had the results from the impugned polling stations been cancelled, he would have obtained 18,749 votes and Azalwa 17,928 votes, making him the winner.
Akamba had further challenged Azalwa’s victory over allegations of ballot stuffing, multiple voting, violence, intimidation, abduction of his polling agents, bribery and defacement of campaign posters. He also accused the Electoral Commission of failing to ensure that the election was conducted in accordance with the law.
However, after examining the evidence, including witness affidavits, testimonies, declaration forms and results tally sheets, the judge found that most of the allegations had not been proved to the required standard.
At Budongo (A-I) Namutumba Primary School, the court established that violence and chaos had disrupted voting, with ballot papers reportedly grabbed and election materials temporarily taken away. Police responded, retrieved the election materials, and voting resumed after some time.
The judge nevertheless ruled that the incident was limited to one polling station out of the 194 polling stations in Busiki County. She also considered evidence that voter turnout across Namutumba district was approximately 55 per cent, affecting all three elections conducted on polling day. Consequently, the court found that the disruption at Budongo did not substantially affect the election result.
Other allegations of violence, intimidation and ballot stuffing at polling stations including Nalusolo Junction, Bukairu Mosque, Igerera C.O.U. and Bubalya Borehole were also dismissed for lack of cogent evidence.
At Nalusolo Junction, Akamba alleged that his polling agent, Isabirye Marijani, had been beaten and abducted by a group of youths allegedly associated with Azalwa. However, the court found that the allegations were not adequately supported by medical documents, police records or other independent evidence.
The court also noted that the station recorded a voter turnout of 86.88 per cent and that the votes cast were within the number of registered voters. At Bukairu Mosque, the judge identified inconsistencies in the witnesses’ accounts concerning alleged violence, ballot stuffing and the removal of polling agents.
At Igerera C.O.U., the court observed that the petitioner’s agents had signed the declaration forms without recording objections or complaints, while the results figures were reconciled.
The court also dismissed allegations that Azalwa bribed voters through payments to several savings groups and associations during the campaign period.
Akamba had accused Azalwa of giving Shs 50,000 to Ronald Muyinda for hosting a meeting and another Shs 50,000 to the Muzaddetagulwa savings group at a function held at Muyinda’s home on November 9, 2025. Other allegations involved Shs 200,000 allegedly given to members of the Zibulatudde savings group, Shs 300,000 to the Makenha Parish Youth Leaders Emyooga Association, and Shs 160,000 to members of the Ssekawuka PHA group.
Azalwa denied the allegations, maintaining that he had neither bribed voters nor offered money to influence their votes. Justice Rubagumya found that Akamba had failed to provide cogent and independent evidence establishing that Azalwa had made the alleged payments with the intention of influencing registered voters.
In the Muzaddetagulwa case, the court considered financial records presented by the defence showing the group’s transactions for November 9, 2025, which the petitioner did not disprove.
The judge also dismissed allegations of violence and undue influence allegedly committed by individuals identified as Bikaba Ashiraf, Kirya Joshua, Walusansa Mukuve, Amir Mugeni and Bernard Dagana, ruling that there was insufficient evidence connecting them to Azalwa or establishing that their actions were committed with his knowledge, consent or approval.
Claims that Azalwa was responsible for abducting the petitioner’s agents and defacing campaign posters also failed for lack of supporting evidence. In determining the remedies, the judge held that Akamba had failed to establish any of the statutory grounds under Section 80(1) of the Parliamentary Elections Act to warrant setting aside the election.
She consequently dismissed the petition and confirmed Azalwa’s election as directly elected member of parliament for Busiki County Constituency.
The court awarded costs to Azalwa but declined to award costs to the Electoral Commission, noting that although it had a statutory responsibility to ensure elections were conducted in a free and safe environment, violence and disruption had occurred at Budongo polling station.