In a move that has sent shockwaves through Uganda’s legal and political landscape, former Supreme Court Justice Dr. Esther Kitimbo Kisaakye has issued a stern public demand for transparency regarding the recently concluded 2026 General Elections.
Addressing the Chairperson of the Electoral Commission (EC), Justice Simon Byabakama, Dr. Kisaakye raised eight critical questions challenging the legality and integrity of the results that saw incumbent President Yoweri Museveni declared the winner.
The Constitutional “Silence” on Results
At the heart of Dr. Kisaakye’s challenge is Article 61(d) of the Constitution of Uganda. The former judge argues that while an oral declaration of results was made on January 17, 2026, the law requires the Commission to publish and declare the results in writing under its seal.
“Announcements made through public media do not satisfy this Constitutional requirement,” Dr. Kisaakye stated, noting that ten days after the oral declaration, no official results have appeared on the EC website or in the Uganda Gazette.
8 Questions for Justice Byabakama
Dr. Kisaakye’s message, addressed to “The People of Uganda,” highlights several irregularities observed during the January 15 polls:
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Biometric Failures: How was multiple voting prevented despite the nationwide failure of biometric voter verification machines?
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Evidence of Fraud: What steps are being taken regarding viral videos showing security forces and officials stuffing ballot boxes?
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Speed vs. Verification: How were results ascertained within 48 hours without signed Declaration of Results (DR) forms from every polling station?
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The Internet Blackout: How were results transmitted to the National Tallying Centre during the nationwide internet shutdown, and what is the audit trail?
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Polling Station Data: Has the EC published results for each individual polling station?
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Transparency Timelines: If published, where and when were these records made available?
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Constitutional Compliance: Why has the EC failed to comply with mandatory publication requirements ten days later?
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Financial Accountability: What is being done to recover $69 million USD spent on non-functional biometric equipment?
A Burden of Proof
The Justice, known for her dissenting opinion in the 2021 election petition, emphasized that the burden of proving a free and fair election rests solely on the Electoral Commission, not on the candidates or the voters.
“Where access to information has been restricted, as was the case with the nationwide internet shutdown, the obligation to provide verifiable quantitative and qualitative data rests squarely with the Electoral Commission,” she wrote.
The Current Landscape
The 2026 elections have been marked by tension, with opposition leader Robert Kyagulanyi (Bobi Wine) rejecting the results as “fake” and citing widespread fraud. The internet shutdown, which the government claimed was to prevent “misinformation,” has been widely condemned by human rights groups for creating a “digital darkness” that shielded potential irregularities.
As of January 27, 2026, the Electoral Commission has yet to issue a formal response to Dr. Kisaakye’s letter.
