Justice Simon Byabakama (Courtesy photo)

The winner of the Rugaaga Sub-County LCIII chairperson election in Isingiro District, Francis Twase Kaweesi, has asked the High Court to dismiss a petition challenging his victory, arguing that the case is procedurally defective and that the petitioner had already raised some of the same complaints before the Electoral Commission.

Twase, through his lawyer Patrick Kajumba, made the application during a pre-hearing conference before High Court Judge Mary Ikit, as the court prepared to hear a petition filed by his election rival, Joseph Kiiza. 

Kiiza is challenging Twase’s election on grounds that he was not validly nominated, that the Electoral Commission failed to properly handle his complaints before polling, and that the results declared after the February 4 election were not properly counted and tallied.

The Electoral Commission declared Twase the winner with 1,658 votes against Kiiza’s 1,177 votes.Kiiza contends that the votes attributed to Twase were exaggerated and do not tally with figures contained in the certified declaration of results forms.He also says he challenged Twase’s nomination before the Electoral Commission on January 6 and again on January 20, but that the commission only communicated its decision on February 19, 15 days after the election.

Twase’s lawyer, however, told court that Kiiza’s complaint about the nomination had already been considered and dismissed by the Electoral Commission.

Kajumba also raised a separate legal objection, telling the court that Kiiza had previously filed another election petition, numbered 001 of 2026, before the Chief Magistrates Court at Isingiro, but later withdrew it. 

He argued that Section 144(4) of the Local Government Act requires a petitioner who withdraws an election petition to pay costs to the respondent, but that Kiiza had not cleared those costs. 

The lawyer asked the High Court to dismiss the current petition on those grounds. 

The Electoral Commission, represented by Ssenyondo Ronald, also asked the court to dismiss the petition. 

Ssenyondo rejected Kiiza’s allegation that the commission conducted the election in breach of electoral laws, arguing that the commission trained and remunerated its election officials to conduct the exercise in accordance with the law. 

He said Kiiza had raised his complaint with the commission before the election and that it was heard and dismissed for lack of merit.

Ssenyondo further argued that if Kiiza was dissatisfied with the commission’s decision, he should have appealed it before the High Court instead of raising the same matter in the election petition. 

In his petition, Kiiza wants the High Court to declare that Twase was not validly elected as LCIII chairperson of Rugaaga Sub-County.

He also wants the court to declare that Twase was not validly nominated by the Electoral Commission to contest for the position. Kiiza further accuses the Electoral Commission of failing to properly handle his complaint and of failing to ensure proper counting, tallying and declaration of the election results. 

He wants the court to set aside Twase’s election and declare him the duly elected LCIII chairperson of Rugaaga Sub-County.He is also seeking costs of the petition from the respondents. 

Justice Ikit has directed the parties to explore alternative means of resolving the dispute in the spirit of reconciliation. 

The judge has scheduled September 24, 2026, for the hearing of the petition, beginning with the cross-examination of Kiiza. 

The substantive allegations challenging the validity of Twase’s election have not yet been determined by the court.

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