Court throws out handwriting expert's affidavit in Kyofatogabye election petition

The High Court in Luweero has removed an affidavit submitted by a handwriting expert from the case record. This decision came after the expert, Ms. Christine Erwoki, failed to appear in court for crucial cross-examination during the hearing of Election Petition No. 003 of 2026.

Allan Mayanja is challenging the January 15, 2026 parliamentary election victory of Joseph Kabuye Kyofatogabye, the incumbent MP for Nakaseke Central. Ms. Erwoki was expected to provide expert evidence for Mayanja’s petition. However, Mayanja’s legal team stated they were unable to secure her attendance, even after seeking permission from the Inspector General of Police, as required by law.

Without the opportunity for cross-examination, Justice Samuel Emokor ruled to expunge the affidavit. Counsel for Mr. Kyofatogabye argued the petition should continue, noting that Mayanja had other witnesses and the respondents also had their own expert whose affidavit remained on record.

During the proceedings, Mr. Kyofatogabye was questioned about the election’s conduct, including the functionality of biometric voter verification machines, to which he responded it was not his concern. Mayanja’s lawyers also highlighted significant discrepancies in voter numbers between Electoral Commission registers and certified Declaration of Results (DR) forms from multiple polling stations in the constituency.

These discrepancies, involving variances in registered male and female voters compared to those indicated on DR forms, were presented as part of the challenge to results from 31 out of 95 polling stations. Mr. Kyofatogabye was declared the winner with 13,685 votes, while Mr. Mayanja secured 8,178 votes.

The hearing was adjourned, with the Nakaseke District Returning Officer scheduled for cross-examination. The petition aims to overturn Mr. Kyofatogabye’s election.

Source: Daily Monitor (Uganda)