The Supreme Court has unanimously allowed former presidential candidate Robert Kasibante to withdraw his petition challenging the re-election of President Museveni, citing inability to finance a forensic audit central to his case.
Kasibante had initially sought to contest the presidential election results but told the court he could not cover the logistical costs required to conduct a forensic audit of election materials and processes, which he considered essential to substantiating his petition.
A panel of eight justices granted the withdrawal, but they were split on whether Kasibante should bear legal costs. Seven judges ruled that each party should cover its own expenses, sparing Kasibante from paying the respondents’ legal fees.
Justice Christopher Madrama, dissenting, argued that costs should have been awarded to the respondents, describing the notion of waiving costs to protect financially weaker litigants as “populist.”
He emphasised that presidential election petitions carry national stakes, and petitioners must be prepared for the legal and financial consequences of their actions.
Kasibante told journalists that his efforts to pursue a forensic audit were hampered by lack of financial backing, and that other opposition figures had declined to support the petition, making it impossible to proceed.
Meanwhile, Enoch Barata, lawyer for the NRM, criticised Kasibante for filing the petition without sufficient evidence, arguing that a petitioner should have necessary proof at the time of filing rather than relying on a post-filing audit.
With this withdrawal, one of the legal challenges against President Museveni’s re-election comes to a close, marking the fifth presidential petition in Uganda’s history and reaffirming Museveni as the duly elected President.
