MUBENDE, Uganda— The High Court in Mubende has ordered a sample recount of votes from 29 polling stations in Kassanda South as it examines a petition challenging the election of National Resistance Movement (NRM) Member of Parliament Abdul Bisaso.
In a ruling delivered on Wednesday, October 14, Acting Judge Mary Babirye directed that votes be recounted at 14 polling stations where independent candidate and petitioner Eria Mubiru specifically challenged the declared figures, alongside 15 additional stations to be selected by lot. The exercise is scheduled to begin on Friday, October 16.
The recount will examine whether discrepancies exist between votes recorded on official election documents and the ballots cast during the January 15 parliamentary election. The court emphasised that the exercise is intended to gather evidence for the final determination of the petition, rather than automatically overturn the declared results.
Officially declared results gave Bisaso 11,765 votes, against Mubiru’s 11,050. The difference was 715 votes, making the disputed margin a central numerical reference in the case. The margin represents approximately 6.25 per cent of the combined votes received by the two candidates. However, the court has not established that the alleged discrepancies are sufficient to change the outcome, and the recount is not itself a determination of who won the election.
Mubiru’s petition alleges irregularities including falsification of results, ballot stuffing and multiple voting. He also raised allegations of bribery and intimidation. These remain allegations to be examined through the judicial process and have not been established by the recount order. The ruling adopted what the court described as the “doctrine of recount by sample”. Under this approach, the recount is confined to polling stations already cited in the petition, rather than extending automatically to every polling station in the constituency.
The first group comprises the 14 stations where Mubiru specifically pleaded discrepancies in the recorded vote figures. These include Bunakabwa Mosque, Kyabayima Catholic Church, Sunrise Nursery and Primary School, and Kisozi Trading Centre. The remaining 15 stations will be selected by lot in open court from a wider group where ballot stuffing and related electoral malpractices were alleged.
The judge said a recount is discretionary under Section 82(5) of the Parliamentary Elections Act and must be supported by a credible preliminary basis for believing that genuine numerical doubts exist. Necessity, materiality, practicability and proportionality must also be considered.
The court directed that the ballot boxes be delivered under police escort by 9am on October 16, with the selection of the additional polling stations scheduled for the same time and the recount due to start at 10am. Before any ballot box is opened, its seals must be inspected in the presence of the parties. Boxes with broken, missing or inconsistent seals will be excluded. The Deputy Registrar will conduct the exercise in open court under the presiding judge’s supervision, with each side permitted a limited number of agents to observe.
The court also provided for a possible expansion of the recount if the sample reveals discrepancies that are material in magnitude and consistent in direction. Any extension must remain limited to additional polling stations already pleaded in the petition.
Importantly, the findings will not automatically alter results at stations that are not recounted or, by themselves, establish that Mubiru won. The court also prohibited the exercise from introducing new grounds of challenge, while requiring the secrecy of the ballot to be preserved.
The ruling referred to Articles 1, 86, 126, 139 and 140 of the Constitution in considering popular sovereignty, judicial authority and the administration of justice. The court said its responsibility is to establish the will of the electorate while protecting electoral integrity, respecting the finality of declared results and ensuring that the petition is resolved within the statutory timeframe.
The costs of the recount were ordered to be in the cause, meaning they will be considered as part of the final determination. The petition remains pending. The High Court has yet to decide whether Bisaso was validly elected or whether any proven irregularities warrant setting aside the result.
Key figures at a glance
- 29 polling stations: Total covered by the sample recount order.
- 14 polling stations: Specifically identified by the petitioner as having disputed vote figures.
- 15 polling stations: To be selected by lot.
- 11,765 votes: Bisaso’s declared total.
- 11,050 votes: Mubiru’s declared total.
- 715 votes: Declared margin between the candidates.
October 16, 2026: Scheduled start of the recount.
The next stage will provide the court with additional evidence on the disputed figures. The legal question, however, remains whether that evidence considered alongside the rest of the record supports any change to the declared electoral outcome.
