The High Court in Kampala has dealt a major blow to National Unity Platform (NUP) Secretary General David Lewis Rubongoya after ordering that 97 additional affidavits and their accompanying attachments be struck off the court record in his election petition against Kampala Central MP Minsa Kabanda Nabbengo.
Presiding judge Justice Flavia Nabakooza Kalungi ruled that the additional affidavits had been introduced irregularly and without the mandatory leave of court.
The decision followed consolidated applications filed by Kabanda and the Electoral Commission (EC), which challenged the manner and timing in which the additional evidence was presented.
Court rejects late evidence
Kabanda and the Electoral Commission argued that the affidavits were filed well after they had already submitted their responses to Rubongoya’s petition.
They contended that the move amounted to an attempt to introduce fresh evidence after the statutory deadline.
The court subsequently ordered that the additional affidavits, together with all accompanying attachments, be struck off the court record.
The ruling means the 97 affidavits cannot be relied upon as part of the evidence in the petition, unless otherwise permitted through a subsequent lawful court process.
The election dispute
Rubongoya filed Election Petition No. 10 of 2026, challenging the election of Minsa Kabanda as Kampala Central Member of Parliament.
The Electoral Commission declared Kabanda the winner of the January 15 parliamentary election, after she secured 22,280 votes, compared with Rubongoya’s 18,211 votes.
The figures gave Kabanda a winning margin of 4,069 votes.
Rubongoya subsequently went to court seeking to challenge the result, setting the stage for a legal battle over the conduct and outcome of the election.
Setback for Rubongoya
The expunging of the affidavits represents a significant procedural setback for Rubongoya because the evidence contained in the documents will no longer form part of the court record in its current form.
The court’s ruling, however, does not by itself determine the final outcome of the election petition.
The substantive petition remains subject to consideration of the evidence that has properly been placed before court and the legal arguments advanced by both sides.
The development nonetheless highlights the importance of complying with statutory timelines and court procedures in election petitions, where evidence introduced outside the prescribed process can be rejected.
Kabanda defends her victory
Kabanda has maintained her victory in the Kampala Central parliamentary election after being declared winner by the Electoral Commission.
With the court striking out Rubongoya’s additional affidavits and attachments, attention now turns to the remaining evidence and arguments as the legal contest over the Kampala Central seat continues.
The case is being closely watched because of Rubongoya’s position as NUP Secretary General and his challenge against a sitting MP in one of Kampala’s politically significant constituencies.
