2026 POLLS COURT BATTLE! Kananura Seeks to Drop Petition Against NUP’s Kira MP Musisi
The High Court in Wakiso has deferred a ruling on an application by former National Resistance Movement (NRM) parliamentary candidate Daniel Kananura to withdraw his election petition challenging the victory of National Unity Platform (NUP) MP George Musisi in Kira Municipality, after the parties disagreed over who should pay the costs.
Justice George Okello adjourned the matter to Wednesday, October 14, 2026, at 10:00 am to deliver a ruling on whether Kananura should be allowed to withdraw the petition without paying costs. The application came up for hearing on Monday, when the parties had expected the Electoral Commission’s witness to testify following earlier sessions in which Kananura and Musisi had been cross-examined.
However, Kananura’s lawyers instead presented an application seeking permission to withdraw the petition without costs, prompting objections from Musisi’s legal team and the Electoral Commission over the proposed terms. Lawyer Erias Luyimbaazi Nalukoola, representing Musisi, said his client did not oppose the withdrawal but insisted that Kananura should pay the costs incurred in defending the petition.
Nalukoola argued that the formal application sought withdrawal without expressly addressing costs, while Kananura’s lawyers introduced the request to waive costs during their oral submissions. He told the court that this amounted to a departure from the pleadings and urged the judge to reject the attempt to withdraw the petition without financial consequences.
Nalukoola said Musisi had spent considerable time and money defending the case and should not be left to bear the expenses arising from the petition. Justice Okello made a light-hearted remark that he had initially thought Nalukoola was representing a fellow lawyer and that substantial costs might not arise, drawing laughter in court. However, Nalukoola insisted that the matter was serious, saying his client had incurred actual expenses and that he was appearing in court in his professional capacity.
Patrick Wetaka, the Electoral Commission lawyer, did not oppose the withdrawal but asked the court to award costs. He cited Section 84 of the Parliamentary Elections Act, which requires a petitioner seeking to withdraw an election petition to obtain the court’s permission and provides for the petitioner to be liable for the respondent’s costs. The parties left the determination of costs to the court’s discretion.
Justice Okello indicated that he was prepared to deliver his decision immediately but agreed to adjourn the matter after the parties expressed a preference for a typed ruling. Speaking to Uganda Radio Network outside court, Kananura blamed shortcomings by the lawyers who prepared his petition for his decision to withdraw it. He said important evidence and arguments had been left out, leaving the petition with “a lot of holes”.
Kananura added that attempts to introduce additional affidavits had been rejected, leaving him unable to pursue the case as he had intended. Musisi, meanwhile, questioned how a candidate who did not win a single polling station could claim that the election had been stolen from him. Musisi was declared the winner of the January 15, 2026, parliamentary election in Kira Municipality with 24,898 votes.
Former area MP Ibrahim Ssemujju Nganda came second with 16,653 votes, while Kananura polled 7,799. Kananura filed the original election petition on March 31, 2026, challenging Musisi’s victory. An amended petition was struck out by Justice Okello on September 29 following applications by Musisi and the Electoral Commission. The court ruled that parliamentary election petitions could not be amended under the applicable law and rules, given the strict statutory timelines.
The original petition was, however, allowed to proceed, leading to subsequent hearings and cross-examination of the parties. The Wednesday ruling will determine whether Kananura can formally withdraw the petition and the conditions attached to the withdrawal, particularly whether he will be required to pay the respondents’ legal costs.
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