The High Court in Mpigi has nullified the election of Gomba East MP Godfrey Saazi and ordered a fresh poll after finding that the destruction of electoral materials at nine polling stations substantially affected the outcome of the January 15, 2026 parliamentary election.
In a judgment delivered by email on Monday, Justice Jameson Karemani set aside Saazi’s election, declared the parliamentary seat vacant and directed the Electoral Commission to organise a fresh election in the constituency.
The ruling followed an election petition filed by NRM candidate Henry Harris Kirumira Kalule, who challenged Saazi’s victory over alleged irregularities that he said undermined the credibility of the electoral process. Saazi was declared the winner with 10,907 votes against Kalule’s 9,156, giving him a margin of 1,751 votes.
Kalule, represented by a legal team led by Jude Byamukama of JByamukama Advocates, challenged the exclusion of results from four polling stations, as well as disruptions to voting and the destruction of electoral materials at nine other stations.
The four polling stations whose results were excluded were Buyana Trading Centre, Tiginya SDA Primary School, Kiziba Trading Centre (NAKE-Z) and Buyinja Butoole Primary School B in Kigongo-Lugingi. Together, the stations had 959 registered voters.
Kalule argued that voting had taken place at the stations and that declaration of results forms had been completed and signed by candidates’ agents. However, the results were not included in the final tally.
Justice Karemani noted that the parties agreed that the results had been omitted and that the available figures should be incorporated into the final tally. The declaration forms showed that Kalule had received 453 votes from the four polling stations, while Saazi had obtained 366.
Including the votes would have increased Kalule’s total to 9,609 and Saazi’s to 11,273, leaving Saazi with a winning margin of 1,664 votes. The judge, however, ruled that although the omission contravened electoral requirements, it did not substantially affect the outcome because Saazi would still have won.
The court reached a different conclusion regarding the nine polling stations where voting was disrupted and electoral materials destroyed. They were Ttaba Trading Centre, Buyebeyi C.O.U, Kimbo Catholic Church (A-NAKA), Kimbo Catholic Church (NAKE-Z), Serumbe UMEA Primary School A in Golola A, Jumbi C.O.U, Serumbe UMEA Primary School B in Kibaka, Kindimunda Playground and St Peter Primary School in Ngeribalya.
Justice Karemani found that the votes from these stations could not be established, leaving the electoral choices of 4,387 registered voters unknown.
The judge agreed with the respondents that it would be speculative to assume that all the registered voters had turned up or that they would have voted for Kalule. However, he observed that the candidates would have received votes, as they did at other polling stations, making it impossible to determine how the missing votes would have affected the final result.
Citing the case of Apollo Kantinti v Sitenda Sebalu and Another, Justice Karemani said courts must consider the number of affected voters in relation to the margin separating candidates when determining whether electoral irregularities substantially affected an election.
In this case, the judge noted that Saazi’s reduced winning margin of 1,664 votes was less than half the number of registered voters whose electoral choices remained unknown. He consequently found that the failure to comply with electoral laws and principles had substantially affected the outcome, warranting the nullification of Saazi’s victory.
Saazi had maintained that the election was substantially free and fair and that the declared results reflected the will of the majority of voters. He denied responsibility for the disruptions at the nine polling stations and instead blamed Kalule, his agents and supporters for the chaos that allegedly led to the destruction of electoral materials.
The Gomba District Returning Officer and the Electoral Commission attributed the omission of results from the four polling stations to a technical glitch discovered after polling. They maintained that the omission did not substantially affect the outcome.
The two respondents also argued that the destruction of electoral materials at the nine polling stations had affected all candidates equally and asked the court to dismiss the petition.
Justice Karemani, however, held that the failure by the returning officer and the Electoral Commission to safeguard the electoral process contributed to the non-compliance with electoral requirements.
The court ordered that Saazi’s election be set aside, declared the parliamentary seat vacant and directed the Electoral Commission to conduct a fresh election. Each party was ordered to bear its own legal costs.
English 