The Masaka Chief Magistrate’s Court has suspended a vote recount in the disputed Kalungu East Constituency parliamentary election after several ballot boxes were found unsealed or with broken seals during preparations for the exercise.

Earlier this week, Masaka Chief Magistrate Albert Asiimwe granted an application for a recount filed by National Resistance Movement (NRM) candidate Vincent Bamulangaki Ssempijja, who challenged the outcome of the election that was won by Yusuf Kiruluuta Nkerettanyi of the National Unity Platform (NUP).

Through his lawyer, Simon Kasangaki, Ssempijja told court that Nkerettanyi was “fictitiously declared the winner” due to alleged miscalculations during the tallying process. According to results announced by Kalungu District Returning Officer Teddy Nabukenya, Nkerettanyi secured 15,473 votes, while Ssempijja obtained 13,219 votes, resulting in a margin of 2,254 votes.

Ssempijja, however, claimed there were discrepancies, including alleged inflation of results, omission of polling stations where he reportedly performed well, and the inclusion of votes he described as non-existent. He informed court that, based on his own computations using Declaration of Results (DR) forms from polling stations, he had obtained 13,298 votes compared to Nkerettanyi’s 12,832, giving him a margin of 466 votes.

The former Minister for Defence and Veterans Affairs asked court to order a recount through the opening and examination of ballot boxes to correct what he described as an error that denied him victory.

In response, Nkerettanyi, represented by lawyer Samuel Muyizzi, opposed the application, arguing that it relied on what he described as fabricated DR forms. The defence further submitted that Ssempijja had presented multiple DR forms from the same polling stations bearing different figures and signatures, which they said was highly improbable.

Despite the objections, the trial magistrate ruled that disputes over the results could best be resolved through a recount of the ballots and allowed the exercise to proceed.

However, when the court moved to implement the recount on Tuesday evening at the Kalungu District Electoral Commission offices, the process was halted. During the sorting of ballot boxes at the EC stores, it was discovered that two ballot boxes were completely unsealed, while four others had broken seals under unclear circumstances.

In light of these findings, the magistrate suspended the recount, stating that court could not proceed because it was no longer certain that the electoral materials remained intact. He advised Ssempijja to pursue further legal remedies by filing an election petition in the High Court, noting that the High Court has broader jurisdiction to handle such matters.

Meanwhile, Muyizzi said that regardless of the suspension, the decision to grant the recount was improper, arguing that it was made outside the statutory timelines. He indicated that the defence intends to seek judicial review, contending that the decision encroached on the mandate of the Electoral Commission.

URN