The High Court in Luwero has expunged a handwriting expert’s report from the record in an election petition filed by National Unity Platform (NUP) candidate Allan Mayanja, who is challenging the victory of State Minister for Kampala Metropolitan Affairs Kyofatogabye Kabuye.
The decision followed a request by Mayanja’s lawyers to withdraw an additional affidavit containing the report after the forensic expert failed to appear in court for cross-examination.
Kabuye was declared the winner of the parliamentary election with 13,742 votes against Mayanja’s 8,298. However, Mayanja petitioned the High Court, seeking to overturn both Kabuye’s victory and the Electoral Commission’s declaration of the results.
Mayanja alleges that results from 31 polling stations were altered in Kabuye’s favour. To support his petition, he presented certified copies of declaration of results forms obtained from the Electoral Commission.
Through Lukwago and Company Advocates, Mayanja also filed an additional affidavit containing a handwriting expert’s report intended to support his allegations that some of the declaration forms had been falsified.
Kabuye’s lawyers, led by Geoffrey Kandeebe Ntambirweki, asked the court to allow them to cross-examine the expert on the findings contained in the report. The court subsequently directed Mayanja’s legal team to produce the expert when the hearing resumed on Thursday.
However, Mayanja’s lawyer, Medard Lubega Ssegona, told the court that the expert, who works with the Police Forensic Department, had been served with a summons but could not attend because she had not obtained authorisation from the Inspector General of Police.
Ssegona consequently asked to withdraw the affidavit containing the report, a request that Justice Samuel Emokor granted. Ntambirweki did not oppose the application.
The court also saw the withdrawal of an affidavit filed by another forensic expert on Kabuye’s behalf.
Speaking to journalists after the proceedings, Ssegona acknowledged that removing the handwriting expert’s report from the court record had implications for Mayanja’s case. However, he maintained that other evidence remained available to support the petition, including the certified declaration of results forms obtained from the Electoral Commission.
Meanwhile, Kabuye appeared in court on Thursday for cross-examination by Mayanja’s lawyers, led by Ssegona and Lawrence Kabuye.
During the session, the lawyers presented him with certified declaration of results forms which they said showed discrepancies between the number of registered voters and the votes recorded as cast at several polling stations.
Kabuye denied involvement in any alleged alterations, telling the court that he spent election day at home and only went to the tally centre during the declaration of the results.
He was also questioned about declaration forms that reportedly did not bear the signatures of polling agents, despite his claim that he had deployed representatives across the polling stations.
Kabuye said he could not explain why some forms were unsigned, adding that signing the documents was not mandatory.
He argued that any alterations or irregularities appearing on the forms should be explained by the Electoral Commission’s presiding officers who signed them, rather than attributed to him.
Kabuye maintained that, based on his observations, the election had been free and fair.
Justice Emokor adjourned the hearing to Friday at 9:00 a.m., when lawyers representing the Electoral Commission are expected to present the district returning officer for cross-examination.
The parties are then expected to conclude their arguments as the court continues hearing the petition challenging Kabuye’s election victory.
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