TORORO – The High Court in Tororo has dismissed an election petition filed by Apollo Yeri Ofwono, upholding the election of Shyam Jay Tanna as Member of Parliament for Tororo Municipality following a ruling that the petitioner failed to provide sufficient evidence of electoral malpractice.
In a judgment delivered on Friday, 30th October 2026, Lady Justice Rosemary N. Bareebe ruled that Ofwono had failed to prove that Tanna personally committed electoral offences or authorised other individuals to engage in misconduct on his behalf.
The court dismissed the petition with costs, bringing to an end Ofwono’s legal challenge against the results of the 15th January 2026 parliamentary elections.
According to results declared by the Electoral Commission, Tanna won the election with 5,781 votes against Ofwono’s 4,829, defeating his National Resistance Movement (NRM) rival by 952 votes.
Ofwono had challenged the outcome, accusing Tanna and individuals allegedly acting on his behalf of distributing money, food packages and other benefits to influence voters during the campaign period.
Among the allegations was the distribution of campaign-branded Christmas packages containing household items and Shs10,000 at Agururu B1.
He also accused Tanna of contributing Shs1 million at the burial of Owino Stephen in Mudakori Village, donating Shs150,000 and plastic chairs to Nyangole Church, and giving Shs2 million to Agururu B Parish Community Group.
Other allegations included distributing Shs20,000 as transport facilitation at a campaign gathering, campaigning beyond legally permitted hours and engaging in voter intimidation and violence through his supporters during a confrontation at Chamwinula polling location on election day.
However, Justice Bareebe found that although some of the incidents had occurred, the petitioner had failed to establish the necessary connection between the alleged misconduct and Tanna.
On the Christmas packages, the judge acknowledged evidence that campaign-branded bags had been distributed to women but ruled that the individuals responsible had not been reliably identified or linked to the MP.
She observed that the presence of campaign branding alone was insufficient to prove that the distributors had acted under Tanna’s instructions, knowledge or approval.
Regarding the Shs1 million contribution at Owino Stephen’s burial, Tanna admitted making the payment but maintained that it was a customary contribution to support the bereaved family.
The court noted that Tanna had also made political remarks during the funeral, including discussing community concerns and requesting political support.
However, the judge ruled that the evidence did not sufficiently establish that the funeral contribution was intended to influence voters or interfere with their electoral choices.
The court similarly found insufficient evidence to support allegations that Tanna had donated Shs150,000 and plastic chairs to Nyangole Church.
On the alleged Shs2 million payment to Agururu B Parish Community Group, Justice Bareebe noted that Ofwono had failed to produce convincing financial records, bank slips, meeting minutes or acknowledgements from authorised officials to substantiate the claim.
The judge also rejected allegations of campaigning beyond permitted hours and distributing Shs20,000 to participants at a campaign gathering, saying the petitioner had failed to establish the precise time of the gathering, identify the alleged distributors or demonstrate that the recipients were voters.
On whether the alleged irregularities affected the election outcome, the court found that Ofwono had failed to demonstrate how the incidents could have changed the results.
Justice Bareebe observed that although Tanna defeated Ofwono by 952 votes, the petitioner had not established how many voters were prevented from casting their ballots or how many votes had allegedly been improperly influenced.
The court further found no sufficient evidence of widespread violence, systematic intimidation, voter disenfranchisement, interference with ballot materials or falsification of election results that could have affected the outcome.
Justice Bareebe acknowledged that Tanna and some witnesses had been evasive when responding to questions about certain incidents but emphasised that weaknesses in the respondents’ explanations could not replace the evidence that the petitioner was required to present.
Consequently, the court dismissed the petition, upheld Tanna’s election and ordered Ofwono to pay legal costs for both Tanna and the Electoral Commission, subject to taxation.
Speaking to journalists after the ruling, Tanna welcomed the court’s decision, saying the legal battle had consumed much of his time and that his attention would now return to serving the people of Tororo Municipality.
He called on residents to remain united and calm, promising to focus on fulfilling the commitments he made during the election campaigns.
His supporters celebrated the ruling in different parts of Tororo Municipality, chanting his name and describing him as a committed leader.
The ruling clears the way for Tanna to continue serving as Tororo Municipality’s elected legislator without the challenge raised in Ofwono’s petition.
