The High court in Gulu has granted Tony Kitara, a former parliamentary candidate for Laroo-Pece Division, additional time to serve his election petition against his rival, Norbert Mao.
In a ruling delivered on Monday, April 20, resident judge Philip Odoki allowed Kitara’s application to extend the statutory time for service and approved substituted service through the Daily Monitor newspaper after failed attempts at personal delivery.
Kitara, who contested on the National Resistance Movement (NRM) ticket, filed the petition on April 1, 2026, challenging Mao’s victory in the January 15 general election.
According to the Electoral Commission, Mao secured 7,359 votes, defeating Kitara, who garnered 2,867. Through his lawyers, Caleb Alaka of Alaka & Co. Advocates and Evans Ochieng, Kitara argues that the election was marred by widespread irregularities that substantially affected the outcome.
Court records show that Kitara filed Election Petition No. 001 of 2026 and immediately sought to personally serve Mao with the petition and notice of its presentation, as required by law.
However, an affidavit sworn by advocate Imran Gitta detailed unsuccessful attempts to reach the minister, including unanswered phone calls, failed WhatsApp contact, and a visit to his office at the ministry of Justice and Constitutional Affairs in Kampala, which was found closed.
Under electoral law, a petitioner must serve the respondent within three days of filing. Where this is not possible, the court may permit substituted service upon proof that reasonable efforts to effect personal service have been exhausted.
In his ruling, justice Odoki held that Kitara had demonstrated sufficient effort to serve the respondent and provided a reasonable explanation for the delay, noting that the statutory period fell within the Easter public holidays.
“The applicant has ably explained… that all reasonable efforts have been made to effect personal service on the respondent but without success… I therefore find that this application has merit and is accordingly granted,” the judge ruled.
The court ordered that the first page of the petition and the notice of its presentation be published in the Daily Monitor and also affixed on the court notice board. Mao was directed to obtain the full petition from the court registry.
The court further ruled that costs of the application will be determined at the conclusion of the main petition. Kitara welcomed the decision, saying it clears the way for the substantive hearing of his case.
Efforts to obtain a comment from Mao, who is also president general of the Democratic Party, were unsuccessful by press time. Mao now has 10 days to file his response. Failure to do so may result in the court proceeding with the petition in his absence.
