The High Court in Mbarara has dismissed an electoral petition challenging the election of incumbent Mbarara District Woman MP Loydah Kyarikunda Twinomujuni, ruling that she was duly qualified to contest for the parliamentary seat.
In a ruling delivered on Monday, Justice Tom Chemutai confirmed Kyarikunda as the duly elected Woman Member of Parliament for Mbarara District in the 12th Parliament, dismissing the petition filed by Margaret Ayebare Rwebyambu with costs.
The petition challenged Kyarikunda’s academic qualifications, with Rwebyambu arguing that the Electoral Commission had acted unlawfully by nominating her and allowing her to contest the January 15, 2026, election without the requisite qualifications.
However, Justice Chemutai ruled that the High Court could not exercise original jurisdiction over disputes concerning a candidate’s academic qualifications that should have been raised before polling. He advised Rwebyambu to have first lodged a complaint with the Electoral Commission and, if dissatisfied with its decision, appealed to the High Court.
The judge emphasised that the High Court could not sit as a court of first instance to determine matters that should have been addressed at the pre-election stage.
On the merits of the qualification dispute, Chemutai said the evidence presented before the court demonstrated that Kyarikunda had qualifications exceeding the minimum academic requirements for election to Parliament.
During her nomination, Kyarikunda presented an enrolled nursing academic transcript from Kabale School of Comprehensive Nursing, a Diploma in Palliative Care from Makerere University, a Diploma in General Nursing from Aga Khan University, a Bachelor’s Degree in Public Health from Monash University in South Africa and a Master’s Degree in Public Health from the University of Roehampton.
The court consequently dismissed the petition with costs, upholding Kyarikunda’s election as Mbarara District Woman MP.
The Electoral Commission declared Kyarikunda the winner of the January 15, 2026, election with 31,456 votes. Rwebyambu, who finished second, reportedly garnered 16,075 votes, while Julia Desire Barugahare received 610 votes and Hope Maurishia obtained 367.
Dissatisfied with the outcome, Rwebyambu petitioned the High Court, seeking to overturn Kyarikunda’s election and challenge the Electoral Commission’s decision to nominate her.
In her petition, she accused the Electoral Commission, which was listed as the second respondent, of failing to conduct the election in accordance with the 1995 Constitution, as amended, and the Parliamentary Elections Act, arguing that Kyarikunda had been nominated without the requisite academic qualifications.
Rwebyambu asked the court to annul Kyarikunda’s victory and declare her the winner or, alternatively, order the Electoral Commission to organise a fresh election. The case was the second legal challenge to Kyarikunda’s eligibility to contest for the Mbarara District Woman MP seat.
In December 2025, Hope Maurishia, then an independent candidate for the seat, petitioned the High Court seeking Kyarikunda’s disqualification as the National Resistance Movement (NRM) candidate.
Before polling, Maurishia also lodged a complaint with the Electoral Commission, raising, among other issues, concerns about Kyarikunda’s academic qualifications. The commission considered the complaint and ruled in Kyarikunda’s favour.
Maurishia subsequently appealed the commission’s decision to the High Court. However, the appeal was also dismissed, allowing Kyarikunda to proceed with her candidacy-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
