Electoral Commission’s conduct of January polls challenged at regional court

By Peterson Hiirya.

Uganda’s January 15 presidential election has been challenged at the East African Court of Justice in Arusha, with lawyers accusing state agencies of breaching democratic standards and violating citizens’ rights.

In a petition filed on March 16, the Uganda Law Society and the East African Law Society fault the Electoral Commission Uganda and the Attorney General for what they describe as a flawed electoral process that contravened the East African Community Treaty.

The lawyers argue that actions by state agents during and after the election period—whose results were announced on January 17—undermined the credibility of the vote.

Among the alleged violations are the unilateral appointment of the Electoral Commission, failure to implement electoral reforms, and disenfranchisement of eligible voters due to irregularities in the voters’ register.

The petition also cites last-minute amendments to electoral regulations without consultation, denial of accreditation to domestic and international observers, political discrimination against opposition actors, and violence targeting candidates and their agents.

“Security agencies knowingly and intentionally created an environment that was unsafe for the exercise of political rights,” part of the court filing reads.

The applicants further contend that the alleged violations affected not only Ugandan citizens but also residents of other East African Community partner states with economic and social interests in Uganda.

On January 17, Electoral Commission chairperson Simon Byabakama declared incumbent Yoweri Museveni the winner with 7.9 million votes, representing 71.65 percent of valid ballots cast.

His closest challenger, Robert Kyagulanyi, garnered 2.7 million votes (24.72 percent), while other candidates—including Nathan Nandala Mafabi and Gregory Mugisha Muntu—shared the remaining votes.

Reliefs sought

The two legal bodies are seeking declarations that the January 15 election failed to comply with electoral laws and democratic principles, rendering the results invalid.

They also want the court to find that the Attorney General, Kiryowa Kiwanuka, failed in his duty to ensure Uganda’s adherence to the East African Community Treaty.

Additionally, the petitioners are seeking a public apology to affected citizens and orders compelling the government to provide rehabilitation measures, including medical, psychological, legal and social support to victims of alleged election-related violations.

By press time, neither the Attorney General nor the Electoral Commission had commented on the matter.

Museveni swearing-in

The regional court case comes weeks after the Supreme Court of Uganda allowed the withdrawal of a presidential election petition filed by former candidate Robert Kasibante.

Kasibante, who finished sixth in the race, had challenged the electoral process citing widespread irregularities but later withdrew the petition, pointing to the high financial and technical burden of auditing nationwide election data.

Following the withdrawal, Chief Justice Flavian Zeija ruled that, in the absence of any pending legal challenge, Museveni’s re-election stood under the law.

“Following the withdrawal of Presidential Election Petition No. 01 of 2026… we hereby declare and confirm that Yoweri Kaguta Museveni Tibuhaburwa is the duly elected President of Uganda,” he ruled.

Museveni is expected to be sworn in for another five-year term in May, even as the regional court petition introduces a new legal dimension to the contested election.