Stagger Responsibly! Supreme Court Trashes Kasibante Bid To Delay Presidential Petition

By Frank Kamuntu

The Supreme Court of Uganda has dismissed an application by former National Peasants Party presidential candidate Robert Kasibante seeking to delay proceedings in his election petition, clearing the way for the case to proceed within constitutionally mandated timelines.

In a ruling delivered in Kampala on Tuesday, the apex court rejected Kasibante’s request to adjourn the hearing and compel the Electoral Commission (EC) to produce internal documents and subject its biometric voter verification machines to a forensic audit ahead of the substantive hearing.

The bench was led by the newly appointed Chief Justice Dr. Flavian Zeija, Justice Catherine Bamugemereire, Justice Monica Kalyegira Mugenyi, Lady Justice Elizabeth Musoke, Justice Stephen Musota, and Justice Madrama Christopher Martin Izama.

Kasibante filed the petition on January 17, challenging the outcome of the January 15, 2026 presidential election. Through his legal team, he argued that access to EC materials and forensic analysis of the biometric systems used during the polls was critical to proving alleged electoral irregularities and violations of the Constitution and electoral laws.

However, the Supreme Court ruled that granting the adjournment would undermine the strict timelines set out under Article 104 of the Constitution, which requires presidential election petitions to be heard and determined expeditiously.

The decision effectively removes a key procedural hurdle and allows the court to proceed with the hearing of the substantive petition without the additional disclosures and forensic inspections sought by the petitioner.

Kasibante’s petition raises concerns about the conduct and independence of the Electoral Commission, including alleged failures in biometric voter verification during the electoral process. With the procedural application dismissed, the court is now expected to focus squarely on the merits of the case and the evidence presented by both parties.

President Yoweri Kaguta Museveni has already filed a formal response through his legal team from K&K Advocates, led by senior counsels Usaama Sebuufu, Anthony Bazira and Edwin Karugire. The President denies all allegations, maintaining that the election was conducted in full compliance with the Constitution, the Electoral Commission Act and the Presidential Elections Act, and argues that the petition is legally defective and unsupported by evidence.

The Supreme Court is expected to issue further directions on the next phase of the proceedings, on 3rd February 2026, during which justices will hear detailed submissions from both sides and determine whether the 2026 presidential election results should be upheld or annulled.

The case is being closely watched for its implications on Uganda’s electoral jurisprudence and the country’s broader democratic governance.