The Supreme Court of Uganda has today approved the withdrawal of a presidential election petition challenging President Yoweri Museveni’s victory, with the majority of justices ruling that each party should bear its own legal costs to support national healing.
In a ruling delivered this morning, a panel of eight justices, led by Chief Justice Flavian Zeija, granted the request to withdraw the petition.
The court, however, was divided on the issue of costs. Seven of the eight justices ruled that each party should bear its own expenses, saying this would foster reconciliation following a contested election.
The petitioner, Kasibante, had initially sought to challenge the presidential election results but later informed the court that he could not raise the funds necessary for a forensic audit of election materials, a process he deemed essential to prove his case.
In their decision, the justices reaffirmed the legal precedent established in Kyagulanyi vs Museveni, noting that once a presidential election petition is withdrawn or dismissed, the candidate declared winner by the Electoral Commission of Uganda remains the duly elected president.
Justice Christopher Madrama dissented on the issue of costs, arguing that the respondents should have been awarded legal fees.
He described the waiver of costs as a populist approach and emphasized that presidential election petitions carry significant national implications, meaning petitioners must be ready for the legal and financial consequences.
The majority, however, held that imposing costs on the petitioner would not promote reconciliation or access to justice.
Kasibante revealed that his efforts were hindered by a lack of financial backing and the refusal of other opposition figures to support the petition, making it impossible to proceed.
He indicated he is now pursuing an alternative plan, expected to be announced early next week.
Meanwhile, Enoch Barata, representing the ruling National Resistance Movement (NRM), criticized Kasibante for filing the petition without sufficient evidence, arguing that petitioners should have proof at the time of filing rather than relying on post-filing audits.
Kasibante’s case marks the fifth presidential election petition to be withdrawn since the promulgation of the 1995 Constitution.
By Alex Magala
26th Feb 2026
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