Parties involved in the petition challenging the re-election of President Museveni currently before the Supreme Court have framed four issues that the highest court in the land will be determining as it starts hearing the matter.
Robert Kasibante, who came sixth, dragged Museveni to court challenging his victory that he says was marred with irregularities.
The Electoral Commission and the Attorney General have been listed as respondents in the case.
During the scheduling conference on Tuesday, both parties agreed that the Supreme Court will be required to determine whether there was non-compliance with the provisions and principles of the Presidential Elections Act and the Electoral Commission Act in the conduct of the 2026 presidential election.
The non-compliance that court will seek to determine whether it was there or not are the alleged discrepancies between votes tallied at polling stations and the final results declared by the Electoral Commission as well as the manner in which the Biometric Voter Verification System was used(or not used) and the alleged partisan involvement of the army in the electoral process right from campaigns.
The parties agreed that if the first issues is resolved in the affirmative, the court will go ahead to determine whether such non-compliance affected the outcome of the presidential election in a substantial manner.
The court will also be required to determine whether the said electoral offences including voter bribery and use of coercive, abusive or intimidating language were committed by the NRM presidential candidate, either personally or through agents acting with his knowledge, consent, or approval.
With all these issues handled, court will now be required to determine whether the petitioner will get the remedies he sought in the petition, including an order compelling the Electoral Commission to hold fresh presidential elections.
The case
In his petition, Robert Kasibante contends that the 2026 presidential election was marred with several irregularities in the tallying counting, and transmission of results.
He says that votes tallied at polling stations were not the same as those transmitted to higher tally centres.
The petitioner accuses the Electoral Commission of failure to comply with the law governing the use of Biometric Voter Verification machines, arguing that the machines were not used in the manner prescribed by the relevant regulations.
He also alleges there was voter bribery, use of abusive and insulting language, and partisan involvement of the army.
However, President Museveni’s lawyers, the Electoral Commission and the Attorney General dismiss these claims.
The petition is being handled by a panel of nine justices of the Supreme Court headed by the Chief Justice, Dr.Flavian Zeija.
Others are Justices Percy Night Tuhaise, Mike Chibita, Elizabeth Musoke, Stephen Musota, Christopher Madrama, Catherine Bamugemereire, Monica Mugenyi, and Muzamiru Mutangula Kibedi.
