Lessons from Kawempe North and the Path to Free and Fair Presidential Elections

Allegations of voter registration irregularities, security force misconduct, and electoral violence have overshadowed what should be a routine democratic exercise.

By Isaac Christopher Lubogo

The ongoing by-election for the Kawempe North parliamentary seat in Uganda has become a battleground of accusations, controversies, and deepening concerns about the integrity of the country's electoral process.

Allegations of voter registration irregularities, security force misconduct, and electoral violence have overshadowed what should be a routine democratic exercise. These issues, far from being isolated incidents, paint a grim picture of an electoral system under strain and point to the urgent need for reform to safeguard Uganda’s democracy.

At the heart of the controversy is the sudden surge in voter numbers in Kawempe North, with an additional 35,000 voters being registered in a constituency that had 164,052 voters in the 2021 elections.

This 21% increase has been described by the National Unity Platform (NUP) as “abnormal,” and rightly so. The party’s secretary-general, Lewis David Rubongoya, has raised concerns over the potential manipulation of voter rolls, suggesting that non-resident voters may have been transferred to the constituency to sway the results.

While the Electoral Commission has offered an explanation, attributing the increase to eligible voters reaching the voting age and relocating residents updating their registration, opposition voices remain sceptical.

They argue that this pattern of voter roll manipulation is not new and that similar irregularities have been reported in past by-elections, suggesting a systemic problem rather than mere coincidences.

But voter registration irregularities are only the tip of the iceberg. As the election campaign unfolds, reports of heavy-handed tactics by security forces have further tarnished the process. Opposition supporters have been subjected to excessive force, with at least 24 people arrested, including two Members of Parliament, and a journalist injured in the course of covering the events. These actions have drawn widespread condemnation from both local and international observers.

The Minister of State for Internal Affairs, Gen. David Muhoozi, has admitted to the incidents, promising investigations, but many are doubtful that anything substantial will come from these inquiries.

The conduct of the security forces seems to be a repeat of the violent tactics that have characterised past political campaigns, heightening concerns over the increasing militarisation of civilian processes in Uganda.

The government’s response to these growing tensions has been to deploy senior police officers to oversee the electoral process in each parish of the Kawempe North constituency. While this move may be intended to prevent further electoral violence, opposition supporters remain wary.

They recall previous instances when security forces allegedly targeted members of the NUP with violence and intimidation, leading many to question the effectiveness and impartiality of the security forces in ensuring a fair election.

Legal representatives for the NUP have indicated their intent to take legal action, seeking accountability for these alleged abuses.

The issues plaguing the Kawempe North by-election are not just about the failure of the Electoral Commission to maintain the integrity of voter rolls, or the actions of security forces during the campaign. They raise broader constitutional concerns that cannot be ignored.

The Ugandan Constitution guarantees every citizen the right to vote under Article 59, and any attempt to manipulate voter registration is a direct violation of this right.

Similarly, the allegations of security forces’ involvement in the violence and intimidation of opposition supporters are violations of constitutional protections under Article 24, which prohibits torture, cruel, inhuman, or degrading treatment. The freedom to assemble and associate, as enshrined in Article 29, has also been violated through the interference with opposition campaigns.

In this context, the integrity of Uganda’s electoral process is under serious threat. The country’s commitment to democratic principles, the rule of law, and the protection of human rights is being tested in real-time.

The current situation in Kawempe North could have far-reaching consequences if the issues are not addressed. If voter rolls continue to be manipulated and security forces remain unchecked, there is a real risk of further undermining public trust in Uganda’s electoral system.

But this crisis also presents an opportunity for reflection and reform. Uganda’s elections cannot afford to continue along the same flawed path. For democracy to thrive, the country must ensure that elections are free, fair, and credible.

This begins with a robust and transparent voter registration system. The introduction of biometric voter registration, real-time updates, and independent verification of voter rolls would go a long way in restoring confidence in the electoral process.

The Electoral Commission must be held accountable for any lapses in its oversight, and it is crucial that civil society and parliamentary committees take on a greater role in ensuring transparency.

Equally important is the need to address the growing role of security forces in electioneering. The interference of security forces in political campaigns must be curtailed. The Police Act and other relevant laws should be amended to explicitly prohibit security forces from engaging in political activities or interfering with peaceful campaigns.

Establishing independent civilian oversight bodies to monitor the conduct of law enforcement during elections would help restore trust in the security sector. The people of Uganda deserve to know that the forces tasked with ensuring public safety are not involved in perpetrating electoral violence.

Finally, Uganda’s lawmakers must take a hard look at the legal frameworks that govern elections and security forces.

The Penal Code and Electoral Offences Act must explicitly criminalise electoral violence and ensure that perpetrators face swift and severe penalties. The creation of an Electoral Code of Conduct would set clear expectations for all actors involved, from political parties and security forces to voters, in maintaining a peaceful and fair electoral process.

The situation in Kawempe North is a stark reminder of the need for ongoing vigilance in protecting Uganda’s democracy. For too long, the country’s elections have been marred by allegations of fraud, intimidation, and violence.

The current crisis is not an isolated event but a reflection of deeper systemic issues that must be addressed. Uganda must act now to ensure that future elections are free from manipulation and violence, and that the rights of every citizen are respected.

The path to free and fair presidential elections will not be easy, but it is one that Uganda must travel if it is to secure its democratic future.

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Mr Isaac Christopher Lubogo is a constitutional lawyer