The High Court in Masaka has upheld the election of State Minister for Local Government Justine Nameere as the duly elected Woman Member of Parliament for Masaka City, dismissing a petition filed by her main challenger, National Unity Platform (NUP) candidate Rose Nalubowa.
In a judgment delivered on Wednesday, Justice Bernard Namanya dismissed Nalubowa Rose v Nameere Justine and Others (Election Petition No. 5 of 2026) [2026] UGHC 1325, ruling that although the vote recount that handed Nameere victory was conducted in non-compliance with electoral law and several electoral materials had been compromised, Nalubowa failed to prove that the irregularities substantially affected the final result.
The court consequently rejected Nalubowa’s prayers to overturn the recount, cancel Nameere’s declaration and declare her the duly elected representative for Masaka City. The petitioner was also ordered to pay the costs of the election petition.
Justice Namanya’s decision brings to an end, at least at the High Court level, a bitter electoral dispute that began with the January 15 parliamentary elections and subsequently saw the initial result overturned through a court-ordered recount.
Nalubowa initially declared winner
According to the judgment, the Electoral Commission initially declared Nalubowa the winner on January 16, 2026, after she obtained 25,443 votes, against Nameere’s 20,324 votes. Nalubowa therefore appeared to have won the seat by 5,119 votes.
Nameere, however, challenged the result and sought a recount, alleging that results from several polling stations had been omitted from the final declaration. The Chief Magistrate subsequently ordered the recount.
The recount dramatically changed the outcome. According to the certificate of vote recount issued by the Chief Magistrate, Nameere obtained 25,502 votes, while Nalubowa’s tally fell to 23,176 votes.
Juliet Nakakande received 6,136 votes, while independent candidate Sauya Nanyonga obtained 5,921 votes. Nameere was subsequently declared the winner.
The recount itself became the central issue in the High Court petition, with Nalubowa challenging both the process and the integrity of some of the electoral materials used.
Court finds irregularities but rejects petition
Nalubowa argued that the recount was unlawful because some ballot boxes had broken or compromised seals and that electoral materials had been tampered with or were otherwise unreliable.
She also challenged the exclusion of polling stations and alleged that the Electoral Commission had failed to safeguard electoral materials.
The court, however, drew an important distinction between finding procedural irregularities and establishing that those irregularities changed the election outcome.
In paragraph 112 of the judgment, Justice Namanya stated that although the recount was conducted in “non-compliance with the electoral law” after the integrity of several electoral materials had been compromised, Nalubowa had failed to prove that the figures certified by the Chief Magistrate were erroneous.
The judge also rejected the argument that the exclusion of 1,353 actual votes was sufficient to overturn the election.
The court calculated that even if all the 1,353 excluded votes had been added to Nalubowa’s certified tally of 23,176 votes, her total would have risen to 24,529 votes.
Nameere would still have remained ahead with 25,502 votes, giving her a margin of 973 votes.
The court therefore concluded that the alleged irregularities had not been demonstrated to have substantially affected the result.
“Although the recount was conducted in non-compliance with the electoral law after the integrity of several electoral materials had been compromised, the petitioner, Nalubowa Rose, did not prove that the recount figures certified by the Chief Magistrate were erroneous,” Justice Namanya ruled.
The finding effectively meant that the court could acknowledge shortcomings in the electoral process without automatically nullifying the election.
Nameere defended recount
Nameere had throughout the proceedings maintained that the recount was lawful and reflected the actual choice of voters in Masaka City.
Testifying before court through a video link, she told Justice Namanya that Nalubowa, her lawyers and some of her agents left the Electoral Commission offices during the recount, making it difficult for them to challenge what happened during the exercise.
Nameere also maintained that ballot boxes whose seals were found to have been compromised were not included in the final tally.
Her position was that the recount was conducted transparently and that the disputed materials were dealt with by the Chief Magistrate before the final figures were certified.
“My evidence was very solid,” Nameere’s legal team later argued, maintaining that there was sufficient evidence before court to dismiss the petition.
Her lead counsel, Anthony Bazira, told court that the defence was satisfied with Nameere’s testimony and did not consider it necessary to call five other witnesses.
“It’s our humble submission that we close our case after the main witness (Nameere) in this petition has been presented for cross-examination,” Bazira told court.
The defence subsequently withdrew the affidavits of five witnesses, a decision which was not opposed by Nalubowa’s lawyers.
Nalubowa insisted recount was flawed
Nalubowa, meanwhile, maintained that she had legitimately won the January election and that the recount unlawfully overturned the will of Masaka City voters.
She told court that she walked out of the recount after discovering a ballot box with a broken seal.
“I left the EC premises after the Chief Magistrate proceeded with the recount despite finding a ballot box with a broken seal. Although I walked out with my lawyer, I left my agents on the ground to monitor the exercise,” Nalubowa told court.
Her lawyers argued that the Chief Magistrate had initially indicated that compromised ballot boxes would not be used but later proceeded with the recount.
Nalubowa’s lead counsel, Samuel Muyizzi, told court that the petitioner had demonstrated that the Electoral Commission was not effectively in charge of the recount.
“We have shown court that the Electoral Commission was not in charge, it was the Chief Magistrate, who went against his word that he wouldn’t proceed with the recount after finding any ballot box with a broken seal, but acted to the contrary,” Muyizzi submitted.
Nalubowa had also publicly insisted, after filing the petition, that she had evidence confirming her original victory.
“After collecting all the necessary certified documents and substantial evidence confirming my rightful declaration as the duly elected woman MP for Masaka City, I have officially filed an election petition,” she said at the time.
Election dispute now shifts to next stage
The ruling leaves Nameere as the recognised Masaka City Woman MP, while Nalubowa has been condemned to pay the costs of the petition.
The case had attracted considerable attention because it involved an unusual reversal of an election result: Nalubowa was initially declared winner by the Electoral Commission before a court-ordered recount gave the seat to Nameere.
The High Court’s decision does not, however, give an unqualified endorsement to every aspect of the recount. Instead, Justice Namanya expressly found that there had been non-compliance with electoral law and that the integrity of several electoral materials had been compromised.
The decisive issue was whether Nalubowa had proved that those irregularities materially changed the outcome. She did not.
With Nameere retaining a 973-vote advantage even after the court’s hypothetical addition of all 1,353 excluded votes to Nalubowa’s tally, the judge found no legal basis to overturn the result.
Justice Namanya therefore dismissed the petition and ordered: “I SO ORDER.” The ruling was signed by Justice Bernard Namanya and dated October 21, 2026.
Nameere’s victory consequently survives the High Court challenge, while Nalubowa’s bid to reclaim the seat she initially won has been rejected, subject to any further legal action she may choose to pursue.
The judgment also provides an important reminder in election litigation: proving that electoral procedures were breached is not, by itself, enough to overturn an election. A petitioner must go further and demonstrate that the proven irregularities substantially affected the result.
In the Masaka City contest, the High Court found procedural failures but concluded that Nalubowa had not crossed that evidential threshold.
Below we reproduce a statement released by Nameere following court ruling.
MY TESTIMONY: GOD HAS DONE IT!
THE ALMIGHTY LIVING GOD HAS ASHAMED THE DEVIL!
THE ALMIGHTY LIVING GOD HAS DEFEATED MONITORING SPIRITS!
THE ALMIGHTY GOD HAS DEFEATED EVERY JEALOUS ENEMY — THOSE I KNOW AND THOSE I DO NOT KNOW!
Yesterday, while my enemies were yapping endlessly and making silly predictions, I was at complete peace — so happy, so full, so complete. Because there is no peace for the wicked! They were lamenting because they knew they were losing. As it should be for the wicked.
Mafias and thieves fought me since the NRM primaries, but the Almighty God defeated them. They ganged up, those hiding in NRM teamed up with dealers in NUP who peddle “commercial opportunistic opposition” hooo they formed even more evil ploys against me, and cheated my victory in the general election. But God responded with fire! He laid the finest table before me in the presence of my enemies! And here we are today!
I thank the Almighty God for the peace and strength He has given me throughout this entire period when agents of the devil fought me. God used voices of sanity to tell my truth. And by His mercy, God showed His Excellency the President the whole truth in my story, and I earned his kind consideration.
@KagutaMuseveni
I also thank my Big Brother and Generational Commander Gen MK
@mkainerugaba
who empathized with me when he discovered the whole truth about the NRM mafias in Masaka City and how they connive with NUP dealers to confuse unsuspecting members of the public plus how they fight transformative leaders, in order to steal and execute their deals unchecked! He even went ahead to direct an ongoing investigation into such mafia politics, its roots as well the real intention of those involved! Salute you General!
GOD CAN NEVER BE DEFEATED!
If God is on your side, NOBODY, and I repeat, NOBODY can defeat you! For in the presence of the Almighty God, every knee shall bow! God deals with the heart, not outer pretence, not noise, and not chaos. GOD’S WAYS ARE NOT THE WAYS OF MAN! NOT AT ALL👌👌
God knows I completely surrender to Him. I do not add anything to Him the way some people pretend to be holy yet they practice witchcraft and sorcery. I surrender fully to the will of God.
Today, I want to tell the world — the millions of people who have been waiting — that THE LIVING ALMIGHTY GOD IS REAL, AND YOU HAVE SEEN HIS POWER!
To all young people planning to join politics: Stick to ONLY and ONLY GOD!
Yours Truly,
Hon. Justine Nameere Nsubuga
WOMAN MP MASAKA CITY / MINISTER OF STATE FOR LOCAL GOVERNMENT
Ssenga wa PLU/ Commander 001 NRM Stooko Empya/ Mamito wa Papito / Muzzukulu wa Jjajato Yoweri Kaguta Museveni and Sister wa MKeto/ MAMA MASAKA ORIGINAL_👌��
AND NO WEAPON FORMED AGAINST ME SHALL EVER PROSPER! ISAIAH 54:17
Author Profile
- Mr. Stephen Kasozi Muwambi is a seasoned crime investigative writer, majoring in judicial-based stories. His two decades’ experience as a senior investigative journalist has made him one of the best to reckon on in Uganda. He can also be reached via [email protected]
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