By Aaron Okotel
MBALE CITY
The chief magistrates Court in Mbale has dismissed a petition seeking a vote recount for the Bungokho North constituency, effectively confirming Hon. Shafiga Wanyenya as the duly elected Member of Parliament.
The petitioner, John Faith Magolo, the incumbent legislator who had contested as an independent had challenged Wanyenya’s victory on several grounds.
Delivering the ruling on Friday, 30th January, 2026, Mbale Chief Magistrate, Susan Awidi, cited two grounds for dismissal of the petition which are: the petitioner’s reliance on uncertified photocopies of Declaration of Results (DR) forms. Under the Evidence Act, DR forms and tally sheets are considered public documents that must be presented to court in their original form or as certified copies.
On the second ground, the magistrate cited expired jurisdiction. By law, an application for a vote recount must be disposed off within four days of filing. The Magistrate noted that the court’s jurisdiction over the matter failed on 23rd January 2026, and had effectively lapsed by January 28, 2026.
In the January 15 parliamentary elections, Wanyenya was declared winner by Mbale District Returning Officer, Ann Tusingwire after polling 9,844 votes against Magolo’s 5,544.
Speaking shortly after the court session, Eddie Nangulu, a member of her legal team, noted that the case collapsed because the petitioner failed to move beyond hearsay.
“The key ground for dismissal is that his allegations were without evidence,” Edi said. “He was basing his case on rumors that were unsubstantiated. When asked to prove his claims, he had nothing to offer the court. As a result, the matter has been dismissed, confirming Hon. Shafiga Wanyenya as the rightful representative of Bungokho North.”
For Hon. Wanyenya, the ruling marks the end of a long-drawn-out legal battle and what she describes as her “third victory.”
“I feel good,” an elated Wanyenya told reporters. “They thought they could easily deny our victory, but God is on our side. This is the third time we are winning this. I think what [the opposition] needs to do now is relax and wait for five years.”
