The controversial vote recount in the Masaka City Woman Member of Parliament race has drawn fresh explanation from the government, with the Minister for Justice and Constitutional Affairs, Norbert Mao, defending the decision by the Chief Magistrate despite mounting legal and political criticism.
Speaking on NBS Television's Frontline programme, Mao said the Masaka Chief Magistrate, Albert Asiimwe, acted on information indicating that some ballot boxes had been attacked while being transported, leading to damage that necessitated a full recount.
"The magistrate was informed of an attack on those carrying the ballot boxes," Mao said. "As such, some ballot boxes were damaged."
Mao argued that public debate around the ruling has been one-sided, insisting that all parties involved have failed to tell the full story behind the court's decision.
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He further dismissed claims that the recount result was implausible, saying the eventual winner, Justine Nameere, had built sufficient grassroots support to secure victory.
"She was quite a character in Kampala and she just decided to go to Masaka. There she set up a small TV," Mao said, adding that some critics wrongly assume certain candidates are incapable of winning elections.
The recount has sparked widespread debate because similar exercises in Mubende and Kalungu West were abandoned after courts established that ballot boxes had been tampered with.
In Masaka, however, the recount proceeded despite acknowledged irregularities.
Masaka City Woman MP-elect Justine Nameere has since defended the court-ordered recount, saying it corrected widespread tallying errors that had initially disenfranchised voters.
Appearing on NBS Barometer, Nameere said discrepancies affected nearly 30 per cent of the vote.
"There were serious tally discrepancies affecting almost 30 per cent of the vote. That is why I went to court. I fought for our earlier stolen victory and brought it back home," she said.
Nameere's comments follow a ruling by the Masaka Chief Magistrate's Court that overturned the earlier declaration of National Unity Platform candidate Rose Nalubowa and instead declared Nameere the duly elected MP.
Nalubowa had been declared winner by the Electoral Commission on January 16, 2026, after polling 25,443 votes against Nameere's 20,334.
Democratic Front's Juliet Kakande received 6,343 votes, while independent candidate Sauya Nanyonga polled 6,196.
Nameere petitioned the court, arguing that results from 11 of Masaka City's 314 polling stations were excluded from the final tally.
On January 30, 2026, Chief Magistrate Asiimwe ordered a recount of votes from all polling stations, directing electoral officials to ensure the integrity of ballot boxes presented before court.
The recount concluded on February 1, 2026, with revised results showing Nameere with 25,502 votes, ahead of Nalubowa's 23,176. Kakande's tally fell to 6,136 votes, while Nanyonga's dropped to 5,921.
The ruling has triggered sharp criticism from legal practitioners, who argue it contravenes the Parliamentary Elections Act, 2005, and long-standing judicial precedent.
Lawyers have cited Sections 52, 55 and 112 of the Act, which regulate recount applications, require intact ballot boxes, and bar courts from handling parliamentary election disputes on weekends or public holidays.
Court proceedings revealed that one ballot box had a broken seal, six were reportedly empty, and two contained votes exclusively for the NRM candidate.
Despite this, the magistrate ordered that the disputed boxes be excluded and the remaining ballots counted.
Legal experts argue that courts have consistently ruled that recounts cannot proceed once ballot boxes are found to be tampered with, citing at least six High Court decisions.
Lawyer Jude Byamukama said the ruling ignored clear provisions of electoral law and judicial guidance.
In his decision, Magistrate Asiimwe acknowledged the irregularities but said he could not deny voters justice on the basis of what he described as outdated laws and earlier court decisions.
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"I cannot deny the people of Masaka justice because of old laws and earlier court decisions," he ruled.
The decision has angered sections of the public in Masaka, with residents waking up to a reversal of results that had already been officially announced.
Uganda Law Society Vice President Anthony Asiimwe warned that if left unchallenged, the ruling could undermine electoral integrity and open the door to abuse.
Judiciary spokesperson Eremye Mawanda said the institution had not yet reviewed the ruling in detail but noted that the appellate process remains open to any dissatisfied party.
As legal debate intensifies, political tensions continue to rise in Masaka, with leaders across the political divide questioning the broader implications of the ruling for electoral credibility.
For Nameere, however, the recount represents what she calls the restoration of the people's will and a new precedent in Uganda's electoral jurisprudence.
