By Lumpe Media
Former presidential candidate Robert Kasibante has moved to withdraw his legal challenge to the outcome of Uganda’s 2026 presidential election, telling the Supreme Court that the case has become financially and technically untenable.
In a Notice of Motion filed before the court, Kasibante is asking for permission to withdraw Presidential Election Petition No. 1 of 2026, in which he challenged the re-election of President Yoweri Kaguta Museveni. The petition named President Museveni, the Electoral Commission, and the Attorney General as respondents.
Kasibante is also seeking to withdraw Miscellaneous Application No. 1 of 2026, which had requested a forensic audit of electoral materials and electronic systems used in the January 15 polls. The proposed audit targeted a broad range of election data, including declaration of results forms, biometric voter verification logs, scanners, and central electoral servers deployed nationwide.
In his application, Kasibante argues that carrying out such an audit would involve analysing vast volumes of electronic data generated across the country, at an estimated cost far beyond his financial capacity. He further states that the exercise would require highly specialised, independent forensic experts, making the discovery process impractical within the strict timelines governing presidential election petitions.
He has additionally asked the court to order that each party bears its own legal costs arising from both the main petition and the related application.
The motion is brought under Section 63 of the Presidential Elections Act, the Presidential Election Petitions Rules, and the inherent powers of the court. The Supreme Court has not yet scheduled a hearing date for the application. If allowed, the withdrawal would effectively end one of the legal challenges stemming from the 2026 presidential elections.
The move comes as the court was expected to rule on Kasibante’s earlier application seeking access to back-end data relied upon by the Electoral Commission in declaring President Museveni the winner.
Prior to the withdrawal request, the Supreme Court in Kampala had framed four key issues for determination in the main petition. The case was being heard by a nine-justice panel chaired by Chief Justice Dr Flavian Zeija.
The court had already begun inter-partes hearings, during which Kasibante sought nullification of the election results on grounds of alleged widespread electoral irregularities.
The first issue focused on whether there was non-compliance with the Presidential Elections Act and the Electoral Commission Act, including allegations of voting at ungazetted polling stations, discrepancies between counted and transmitted votes, failures in biometric voter verification, an unreliable voters’ register, and alleged partisan involvement of the military.
The second issue was whether any established non-compliance substantially affected the election outcome.
The third concerned whether electoral offences—such as bribery and the use of abusive or derisive language—were committed, and whether they could be attributed to President Museveni personally or to his agents.
The final issue was whether Kasibante was entitled to the remedies sought, including the nullification of the election.
On a related matter, the court had confirmed that all parties had complied with filing requirements and had adopted their written submissions, with a ruling scheduled for February 6, 2026.
Constitutional Deadline
Under Section 59 of the Presidential Elections Act, the Supreme Court must hear and determine a presidential election petition within 45 days of filing. Kasibante lodged his petition on January 18, 2026, placing the court under a tight constitutional timeline to deliver its final decision.
