In an affidavit submitted to the court on Tuesday, the chairperson of the Electoral Commission (EC), Justice Simon Byabakama, urged judges to dismiss the petition with costs, arguing that it was improperly filed and raised matters outside the court’s jurisdiction.
The challenge was lodged by former presidential candidate Robert Kasibante, who is seeking to overturn President Museveni’s victory. Justice Byabakama says the petition fails to meet the legal standards required for such a case and should therefore be struck out.
He maintains that the presidential election was conducted in accordance with the Constitution, the Presidential Elections Act, the Electoral Commission Act and other relevant laws. Any irregularities cited by the petitioner, he adds, were not significant enough to influence the final outcome.
Mr Kasibante, who finished sixth in the election, filed his petition on January 17, alleging widespread breaches of electoral law throughout the entire process, from voter registration to the declaration of results.
Central to his case is the use of Biometric Voter Verification Kits (BVVKs). He claims the devices malfunctioned extensively on polling day, were introduced without a proper legal framework, and had not undergone an independent audit. According to the petition, failures of the biometric kits at thousands of polling stations caused voting delays in some areas, prompting the extension of polling hours and a shift to manual voter identification.
The EC chair acknowledges that technical difficulties were reported on election day but says the Commission responded lawfully and swiftly. He explains that when voting failed to start at some polling stations due to biometric challenges, the Commission authorised the use of the National Voters’ Register as an alternative.
Justice Byabakama also defends the legality of the biometric system, citing regulations issued in 2025 to guide its adoption and use. He says the technology was introduced to strengthen voter identification and prevent multiple voting.
Addressing claims of irregular vote tallying and the operation of multiple tally centres, the EC chair insists that only one National Tally Centre existed. He says it was open to accredited observers and party agents, who were able to independently verify results using computer systems and public display screens.
The petition further accuses security forces of using excessive force against opposition supporters, particularly those linked to National Unity Platform leader Robert Kyagulanyi, widely known as Bobi Wine. Allegations include the disruption of opposition rallies, assaults on candidates and directives requiring voters to leave polling stations immediately after voting.
Justice Byabakama confirms that the Commission received reports of some incidents, including clashes in Gulu City, and says investigations are continuing. However, he defends the actions of security agencies, saying they acted within their constitutional mandate to maintain public order.
Mr Kasibante also alleges the misuse of state resources in President Museveni’s campaign, including government vehicles, security personnel and state-owned media. In response, the EC chair argues that a sitting president is entitled to use resources attached to the office.
The Electoral Commission’s response follows a separate filing by President Museveni, who has also asked the Supreme Court to dismiss the petition. The Attorney General, listed as a third respondent, has yet to submit a defence.
Under the Constitution, the Supreme Court must hear and determine a presidential election petition within 30 days of its filing.
