In a split decision, the Supreme Court ruled there was non-compliance with the election laws. However, the judges had varying interpretations on whether the non-compliance significantly affected the results of President Yoweri Museveni's re-election as president.
One of the Supreme Court Judges who was part of this ruling was Retired Justice George Kanyeihamba. He admits that two of the justices who were on that bench have since had second thoughts.
“I have said that the decision to have upheld the election was held by a majority of four to three, but since then, two of the four have had second thoughts about their judgement,” he said.
Justice Kanyeihamba would not name the judges.
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The appointment
A lot of this confusion is blamed on the date November 17, 2002. This is the date a new Electoral Commission (EC) was appointed, with Eng. Dr Badru M. Kiggundu as Chairperson and Sr. Margaret Magoba as Deputy Chairperson.
Four other commissioners were appointed, namely: Tom W. Buruku, Stephen D. Ongaria, Dr. Jenny B. Okello, and Joseph N. Biribonwa, with Mr. Sam Asiimwe Rwakoojo as Secretary, says the EC website.
The EC website further informs us that in February 2006, H.E. Ambassador Dr. Sisye Tomasi Kiryapawo, was appointed the seventh member of the Electoral Commission, and in the same month, the Commission organised the first multi-party General Elections in Uganda since 1980.
Seven political parties sponsored candidates for the Presidential Elections while nine (9) and thirteen (13) parties fielded candidates for Parliamentary and Local Council Elections, respectively.
On 17th November 2016, Eng. Dr. Badru M. Kiggundu and Commissioners Dr. Joseph N. Biribonwa (Deputy Chairperson), Dr. Jenny B. Okello, Mr. Steven D. Ongaria, Honorary Consul Tom W. Buruku, and Mrs. Justine Ahabwe Mugabi, concluded their term of office.
January 2017 To-Date
A new Commission comprising Justice Simon Mugenyi Byabakama (Chairperson), Hajjati Aisha Lubega (Deputy Chairperson), Mr. Peter Emorut, Mr. Stephen Tashobya, Nathaline Etomaru and Hajji Mustapha Sebaggala Kigozi, was appointed and sworn into office 17th January 2016.
Mrs. Justine Ahabwe Mugabi (Commissioner 2009-2016) was appointed as a member of the Commission for a second 7-year term.