MARACHA ELECTION PETITION: COURT SETS NOVEMBER 2 FOR JUDGMENT AFTER SEVEN-HOUR HEARING

Some of the supporters waiting from outside as court proceeded with hearing of the election petition. Photo//Dramadri Federick

By Dramadri Federick

The atmosphere at the Arua High Court was tense on Monday, September 21, as supporters, witnesses, lawyers and parties to election petitions crowded the court premises, waiting for the day’s proceedings in two closely watched parliamentary election cases.

By 9:00am, the courtroom was filled to capacity, with some people standing outside and others looking through the windows as they waited for the arrival of Justice Celia Nagawa.

When the judge entered shortly after 9:00am, she directed witnesses to leave the courtroom and asked supporters of former Maracha County MP Denis Lee Oguzu and incumbent MP Nelson Uhuru to also step outside to allow the court to proceed with the hearing of the Aringa County parliamentary election petition.

That hearing and cross-examination of witnesses continued until around midday.

After a short 30 minutes break, Justice Nagawa resumed proceedings in the Maracha County election petition, with the number of people attending once again exceeding the available space inside and outside the courtroom.

The hearing lasted about seven hours before the judge set November 2, 2026, as the date by which judgment is expected in the petition challenging the election of Nelson Uhuru as Maracha County Member of Parliament.

The petition was filed by former MP Denis Lee Oguzu, who contested the January 15, 2026 parliamentary election on the Forum for Democratic Change (FDC) ticket.

Oguzu is challenging Uhuru’s election, alleging electoral offences and irregularities, including voter bribery and donations during the campaign period.

Uhuru, who contested on the National Resistance Movement (NRM) ticket, is the first respondent, while the Electoral Commission is the second respondent.

The hearing before Justice Nagawa focused on the cross-examination of witnesses and examination of evidence contained in affidavits filed by the parties.

One of the key issues before court is whether Uhuru, personally or through his agents, committed electoral offences with his knowledge, consent or approval during the election period.

Oguzu’s lawyers, led by Blaise Rugamba and Robert Okot, cross-examined witnesses concerning allegations of voter bribery. The petitioner had particularly sought to question Uhuru and his father, Severino Embatia, over allegations that they distributed money to voters.

Both Uhuru and Embatia have denied the allegations.

On the other side, Uhuru’s legal team, led by Renato Kania, cross-examined five of the nine witnesses presented by the petitioner.

The defence lawyers questioned the evidence supporting allegations of voter bribery and campaign donations, including whether the claims were sufficiently supported by evidence.

Earlier, Justice Nagawa directed the parties to rely on the evidence already contained in their affidavits and rejected the petitioner’s request to introduce additional witnesses and video evidence. The judge said the evidence already on record was sufficient for the time-bound hearing.

The Maracha District Returning Officer, Kennedy Munduga, told court that he had not received any formal complaint from candidates concerning electoral irregularities during the election.

His evidence forms part of the court’s consideration of the petition, which seeks to challenge the validity of Uhuru’s election.

At the close of the hearing, Justice Nagawa directed the parties to file their final written submissions.

The petitioner is required to file his submissions by September 28, 2026, while the first and second respondents have until October 6 to file theirs.

A rejoinder is expected by October 8, after which the court is scheduled to deliver judgment no later than November 2, 2026.

The judge also indicated that the parties still have an opportunity to pursue dialogue or mediation before judgment is delivered.

Supporters, witnesses and lawyers wait at the Arua High Court after proceedings in the Maracha County election petition on September 21, 2026. Photo by Dramadri Federick.

Oguzu says he will continue pursuing the petition until the court determines the issues raised in his case.

“I want the election results annulled due to electoral breaches that I have cited in my affidavit and that is our pursuit,” Oguzu said.

His petition seeks the nullification of Uhuru’s election on grounds including alleged electoral offences and irregularities.

Counsel for the first respondent, Renato Kania, said the completion of the witness stage means the parties can now concentrate on their written submissions.

“We agreed on seven of our respondents and the petitioner zeroed on only two of our witnesses. Now that step is done and dusted, and we are going to file our submissions and wait for the court’s judgment,” Kania said.

The court will now consider the evidence and submissions of the parties before making its determination.

In the January 15, 2026 parliamentary elections, Nelson Uhuru was declared the winner of the Maracha County seat with 13,696 votes, defeating incumbent MP Denis Lee Oguzu, who obtained 3,990 votes.

The petition seeks to have that election result nullified over the alleged electoral offences and irregularities.

Written by newsroom-radiopacis