The Electoral Commission (EC) has strongly defended the results of the recent Kawempe North by-election, urging the court not to cancel them based on unproven claims. The EC warned that allowing such petitions to succeed without proper evidence could create a dangerous trend where elections are frequently challenged without solid ground.
Speaking in court, EC lawyer Eric Sabiiti explained that the petition demanding a fresh election lacks enough merit and should not be allowed to take the country back to the polls unnecessarily.
In his arguments, Sabiiti addressed allegations that the election process was flawed, particularly in 14 polling stations where chaos disrupted the final vote counting. He explained that the law limits how long officials can delay the announcement of results. After violence broke out and key electoral materials were destroyed — including ballot boxes, Declaration of Results (DR) forms, and the report book — the returning officer had no other legal option but to declare a winner using the available data.
Sabiiti clarified that voting on the day of the election was mostly peaceful. Voters came out in large numbers, and the process ended smoothly at 4 p.m. However, tension rose during the sorting of votes when it became clear who the likely winner was. This led to a mob attacking the tallying center, resulting in the destruction of critical materials. He emphasized that while this violence was unfortunate, it should not be used to nullify the entire election. “You cannot tally for life,” he said, meaning election officials have deadlines they must respect.
He went on to defend the returning officer’s actions during the incident. Although the law does not clearly say an officer should leave the scene, it does require them to report any disturbances to the police. According to Sabiiti, the returning officer fulfilled this responsibility by making a report the following day. Investigations into the violence are still ongoing, but he insisted that the EC couldn’t wait forever for that process before declaring a winner.
Responding to suggestions that the violence in those 14 polling stations should lead to a fresh election, Sabiiti warned that doing so would set a bad precedent. He said it could encourage political candidates and their supporters to use violence in order to force re-elections. “We will have opened the door for politicians to organize mobs and disrupt elections whenever results don’t favor them,” he warned.
Sabiiti also pointed out that the petitioner, Faridah Nambi Kigongo, had admitted she wouldn’t have won even in those 14 affected polling stations. He argued that holding a new vote in just those areas wouldn’t change the overall outcome of the election, especially since results from the rest of the constituency had already been declared. In his closing remarks, Sabiiti made it clear: the EC fulfilled its legal duties, the process was fair in most areas, and no one should expect a rerun just because of isolated violence with no proof of broader electoral failure.
