By The High Court has delivered its ruling in Walukaga Mathias v Electoral Commission & Another (2025 UGHCCD 230), addressing the legal scope of voter conduct at polling stations and the mandate of the Electoral Commission in regulating electoral processes.
In the ruling delivered on December 21, 2025, the court examined whether the Electoral Commission acted within the law when it issued guidance cautioning against mobilisation of voters and supporters to remain at polling stations under the guise of “protecting” or “demanding” votes.
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The court analysed the relevant provisions of the Presidential Elections Act, particularly those governing the role of polling agents, the conduct of voters, and the responsibility for safeguarding candidates’ interests during polling and counting.
The court found that the law places the duty of protecting a candidate’s interests at polling stations on duly appointed polling agents and not on ordinary voters or supporters. It noted that candidates are legally entitled to deploy polling agents who may remain at polling stations throughout voting and counting and receive copies of the Declaration of Results forms.
In its reasoning, the court observed that the role of a voter largely ends upon casting a ballot, subject to limited rights provided under the law, and that voters who are not appointed agents have no legal mandate to supervise or manage electoral processes.
The court further addressed concerns relating to congestion, ballot secrecy, and the risk of disruption where large numbers of supporters remain within the vicinity of polling stations for extended periods, particularly in areas with limited space.
In its determination, the court declined to grant the reliefs sought by the applicant, holding that the Electoral Commission acted within its statutory mandate in issuing guidance intended to ensure order, protect the secrecy of the ballot, and facilitate the smooth conduct of polling and counting.
The ruling provides judicial clarification on the application of electoral law regarding polling station conduct as Uganda prepares for the 2026 General Elections.
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