The Chief Magistrate’s Court in Mukono has dismissed an election petition filed by National Resistance Movement (NRM) candidate Hudson Kiyaga, who sought a vote recount following his narrow loss in the Ntenjeru–Kisoga Town Council LC3 chairperson race.
Delivering his ruling on Tuesday at 3:00 pm, Paul Matyama, the Mukono Chief Magistrate, held that the court lacks jurisdiction under the Local Government Act to order a recount in the matter.
In his decision, Magistrate Matyama said he had carefully evaluated the submissions presented before the court and found that the law does not empower a Magistrate’s Court to entertain such a petition in its current form.
“I evaluated the issues discussed here and found that this court lacks jurisdiction. The Local Government Act does not provide for a county court for local councils, and the sections relied upon to bring this petition do not in any way grant this court jurisdiction,” he ruled.
He consequently dismissed the application with costs awarded to the first respondent only.
The petition had been filed by NRM’s Hudson Kiyaga after he lost to independent candidate Mike Kaggwa by just seven votes in the hotly contested race.
According to results declared by Mukono District Returning Officer Emily Amongin, Kaggwa garnered 2,197 votes, narrowly defeating Kiyaga, who secured 2,190 votes.
Kiyaga challenged the outcome, alleging several irregularities that he claimed affected the final tally and sought a vote recount to determine the true winner.
However, the court maintained that regardless of the margin of victory, it could not grant the orders sought because the law governing local governments does not confer such powers upon it.
Speaking shortly after the ruling, counsel John Narera, who represented Kaggwa, welcomed the decision.
“ The application for a recount has been dismissed with costs by the court for reasons that the court has no jurisdiction under the Local Government Act to order for a recount. That’s all for today,” Narera said.
Kaggwa had been listed as the first respondent in the matter, while the Electoral Commission was the second respondent. Kiyaga was represented by counsel Benon Sseryazi, while Apio Katende appeared for the Electoral Commission.
Earlier proceedings saw Sseryazi request additional time to file further submissions to demonstrate that the court had jurisdiction. The request for extension up to Thursday was declined by the magistrate, who emphasised the need to resolve the matter swiftly to allow voters clarity on their elected leader.
Instead, the applicant’s counsel was granted time until midnight on Friday to file supporting information digitally. The defence was given until Saturday midnight to respond accordingly.
Following the ruling, Kaggwa expressed relief and gratitude.
“I want to thank God because today the judge has stated that there is no case against me. I am the mayor-elect now, waiting for the swearing-in,” he said.
Kaggwa also revealed that he had faced accusations and political pressure in the aftermath of the election.
“My opponent wrote to me two weeks ago. It has not been easy, but my intention has always been to serve the people,” he added.
Some of his supporters welcomed the court’s decision, arguing that the prolonged legal contest had stalled development plans in the town council.
With the petition dismissed and costs awarded against Kiyaga, Kaggwa’s path to swearing-in now appears clear, barring any further legal action.
The ruling underscores the importance of jurisdiction in electoral disputes and clarifies the limits of Magistrates’ Courts under the Local Government Act in handling recount applications for local council elections.
For the residents of Ntenjeru–Kisoga Town Council, the focus now shifts from the courtroom back to governance, as the mayor-elect prepares to assume office after one of the closest races in the area’s recent political history.
