The electoral battle for Kassanda County South has taken a new turn after the High Court in Mubende ordered a recount of votes from 29 polling stations, placing the accuracy of the January parliamentary election results at the centre of a legal dispute involving incumbent National Resistance Movement (NRM) MP Abdul Bisaso.
In a ruling delivered on October 14, 2026, Acting High Court Judge Mary Babirye directed the Electoral Commission to produce sealed ballot boxes and election materials for a recount scheduled to begin at 10am on Friday, October 16.
The exercise follows a petition filed by independent candidate Eria Mubiru, who is challenging Bisaso’s victory in the January 15 parliamentary election, in which the incumbent was declared the winner by a margin of 715 votes.
Certified results cited in the ruling show that Bisaso secured 11,765 votes against Mubiru’s 11,050. National Unity Platform’s Frank Kabuye finished third with 9,231 votes, while Julius Kizza of the Alliance for National Transformation received 71 votes.
The court’s decision introduces a closer examination of the ballots themselves, after Mubiru raised concerns about discrepancies between figures recorded on declaration of results forms and the votes he believes were cast at specific polling stations.
Justice Babirye ordered a two-part recount, with votes from 14 polling stations where Mubiru alleged specific numerical discrepancies to be examined alongside another 15 stations to be selected by lot in open court.
The second group will be drawn from polling stations cited in allegations involving ballot stuffing and the movement of pre-ticked ballot papers. The judge said the approach would allow the court to investigate specific disputed figures while also testing whether evidence points to a wider pattern of irregularities.
Mubiru’s petition, filed on March 31, 2026, raises allegations including falsification of results, ballot stuffing, multiple voting, bribery, intimidation, undue influence and the early closure of polling stations. These remain allegations to be determined through the pending court proceedings.
In explaining the decision, the judge said evidence presented by the parties had raised a genuine dispute over the accuracy of figures recorded at particular polling stations, making it necessary to examine the ballots rather than rely exclusively on election paperwork.
The court considered testimony from Mubiru’s polling agents at Sunrise Nursery and Primary School, Kisozi Trading Centre and Kyakayanja Playground. The agents reportedly questioned figures entered on declaration of results forms and disputed whether some individuals listed as the petitioner’s agents had actually represented him.
The court also considered evidence relating to the recovery of pre-ticked ballot papers in Kiganda Town Council on polling day and allegations of ballot stuffing at stations named in the petition.
Although the respondents relied on certified declaration forms, tally sheets and the return form, Justice Babirye observed that those records could not independently establish whether the recorded figures accurately reflected the ballots cast.
“Only the ballots, sealed with the original DR form under section 69(4) of the PEA, can answer that question,” the ruling states.
The recount will be conducted under strict safeguards intended to protect the integrity of the evidence. The Electoral Commission, through the Kassanda District Returning Officer, must deliver the relevant sealed ballot boxes and election materials to court by 9am on Friday.
Before any box is opened, the Deputy Registrar of the High Court in Mubende must inspect and record the condition and numbers of its seals in the presence of the parties. Any box with a broken or missing seal, or a seal number inconsistent with official records, must not be opened. The exercise must also stop if credible evidence of tampering emerges.
Police in Mubende have been directed to provide security, while each party may be represented by its lawyers and no more than three agents.
The Deputy Registrar will prepare a signed report recording the votes found at each station, any differences from the declared results, the condition of seals and details of disputed ballots.
If the sample reveals substantial discrepancies that consistently favour one side, the court may extend the recount to additional polling stations already covered by the petition.
However, Justice Babirye cautioned that the recount is an evidentiary exercise and does not automatically change the declared results or determine who won the election petition. The findings will be weighed alongside all other evidence before judgment is delivered.
The order follows an October 8 ruling in which the court dismissed Mubiru’s request for a recount before the hearing of the petition, without preventing him from renewing the request after further inquiry.
The latest decision was made under Section 82(5) of the Parliamentary Elections Act. The court made no determination on the merits of the petition, which remains pending, and ordered that the costs of the recount be dealt with in the cause.
With the exercise scheduled for Friday, attention now shifts to whether the physical ballots support the figures declared after the January election or reveal discrepancies significant enough to influence the court’s eventual assessment of the dispute.