The High Court in Tororo upheld the election of MP Shyam Jay Tanna as Member of Parliament for Tororo Municipality.
It dismissed, with costs, the petition filed by Apollo Yeri Ofwono.
In a judgment delivered on Friday, October 30, 2026, Lady Justice Rosemary N. Bareebe ruled that Ofwono failed to provide sufficient evidence to prove that Tanna personally committed electoral offences or authorised other people to engage in misconduct on his behalf.
Ofwono, who contested on the National Resistance Movement (NRM) ticket, had challenged the results of the January 15, 2026 parliamentary election in which the Electoral Commission declared Tanna the winner with 5,781 votes against his 4,829 votes – a margin of 952 votes.
Ofwono had accused Tanna and people allegedly acting on his behalf of distributing money, food packages and other benefits to influence voters.
He cited the distribution of campaign-branded packages containing household items and shs10,000 at Agururu B1, a shs1 million contribution at the burial of Owino Stephen in Mudakori village, and alleged donations of shs150,000 and plastic chairs to Nyangole Church.
He also accused Tanna of giving shs2 million to Agururu B Parish Community Group, distributing shs20,000 as transport facilitation at a campaign gathering, campaigning beyond authorised hours, and that his supporters engaged in violence and intimidation during a confrontation at Chamwinula polling location on election day.
Justice Bareebe found that although some incidents occurred, the evidence did not establish the necessary connection between the alleged misconduct and Tanna.
On the Christmas packages, the judge acknowledged that campaign-branded bags had been distributed to women but found that the distributors had not been reliably identified or linked to Tanna because there was no independent evidence establishing their identities or proving they acted with Tanna’s knowledge, approval or consent.
The judge held that campaign branding alone could not establish that the distributors were acting on the candidate’s instructions.
On the shs1 million burial contribution, Tanna admitted making the payment but maintained it was a customary contribution to a bereaved family. The court found he had also made political remarks at the funeral.
Justice Bareebe observed that the video recording showed Tanna discussing the relationship between his father and the deceased, addressing community concerns and requesting political support, while also referring to contributions towards the funeral and the church.
The court concluded that although political campaigning took place alongside the funeral contribution, there was no sufficient evidence that the money was given to voters to influence their electoral choices.
On the alleged donations to Nyangole Church, the judge found evidence insufficient. Although some witnesses testified donations had been made, their accounts were disputed by other church members.
Similarly, the alleged shs2 million payment to Agururu B Parish Community Group was not proved, with the judge noting the petitioner failed to produce convincing financial records, bank slips, meeting minutes or acknowledgement from an authorised official.
The judge also rejected allegations of campaigning beyond authorised hours and distribution of shs20,000, finding Ofwono had not established the precise time of the gathering, identified the distributors, or proved recipients were voters.
On whether irregularities affected the outcome, the court found Ofwono had not demonstrated how incidents could have altered the results.
Justice Bareebe noted Tanna defeated Ofwono by 952 votes, but the petitioner did not show how many voters were prevented from voting or how many votes were improperly influenced.
Even collectively, there was no evidence of widespread violence, systematic intimidation, voter disenfranchisement, interference with ballot materials or falsification of results.
Justice Bareebe acknowledged that Tanna and some witnesses had been evasive when responding to questions about certain incidents, but held that weaknesses in respondents’ explanations could not substitute for evidence the petitioner was required to present.
She consequently dismissed the petition, upheld Tanna’s election, and ordered Ofwono to pay legal costs for both Tanna and the Electoral Commission, subject to taxation.
The court ruling brings to a sad end efforts by tribal radicals within Tororo Municipality who have been fighting Hon. Sanjay Tanna, father of the elected MP.
Residents who were excited about the ruling say it has vindicated their choice, considering that the former MP has been cited in many scandals, including land grabbing.
Speaking to reporters after the judgment, Tanna said time for politics is over, and it is now time to work for his people, adding that the court process had been consuming much of his time.
He urged people of Tororo Municipality to remain united and calm as he plans to fulfil most pledges made during campaigns.
His supporters, after the judgment, chanted his name all over Tororo Municipality, describing him as a dedicated and committed leader for all.
By Henry Okello
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