By KT Reporter
The High Court Civil Division in Kampala has issued an interim order stopping the Uganda People’s Congress (UPC) from holding its Delegates Conference, which had been scheduled for Saturday.
The order was issued on Friday by Lady Justice Joyce Kavuma, following an urgent application filed by Joseph Pinytek Ochieno, a longstanding party member and critic of the current UPC leadership.
In his application, Ochieno had sought court intervention to block the party, and specifically Jimmy Akena, from convening or proceeding with the internal electoral processes of the UPC until the court determines an earlier substantive applicationMiscellaneous Cause No. 89 of 202, which is challenging Akena’s legitimacy as party president.
Through his legal counsel, Rodgers Katunguka of JByamukama & Co. Advocates, Ochieno argued that there was a real and imminent threat if the conference was allowed to proceed. He submitted that the planned Delegates Conference, which Akena insisted would be held virtually despite police advice to postpone it, was a blatant attempt to circumvent ongoing judicial proceedings and court orders related to UPC’s leadership.
His Lawyer, Jude Byamukama, informed the court that the Inspector General of Police had already communicated to the party that, due to security concerns, they were unable to provide adequate protection for the conference. Nevertheless, Akena had reportedly gone ahead and notified the Electoral Commission that the conference would be conducted online.
According to the applicant, this move was not only defiant but also an abuse of process, given that Akena’s position as party president is currently under legal challenge.
The central point of contention lies in an earlier Court of Appeal decision in UPC and Another, which was filed against Prof. Edward Kakonge, where the court directed that fresh internal elections be held for the party presidency.
Ochieno maintains that Akena did not participate in those elections, in which Peter Walubiri is said to have emerged victorious. It is on that basis that Ochieno filed Miscellaneous Cause No. 89 of 2021, which remains unresolved before the same court.
In his current application, Ochieno argued that since Akena is not a legitimately elected president of the UPC, he should not be permitted to call or preside over any party activities, including the Delegates Conference.
Through his lawyers, he told the Court that the planned conference could result in irreversible decisions, including the election or gazettement of new party leaders under questionable authority.
Akena’s lawyer, Fred Busingye, did not oppose the application. Busingye acknowledged before the court that Akena had, on several occasions, defied existing court orders and that his continued attempts to organise a conference amounted to contempt of court.
In delivering her ruling, Justice Kavuma emphasised that while ex parte applications must generally be treated with caution and are granted only in exceptional circumstances, the present case merited immediate intervention. She cited provisions under Order 50 Rule 3A of the Civil Procedure Rules, which allow courts to grant interim relief without notice to the opposing party where delay would likely defeat the purpose of the application.
Justice Kavuma was satisfied that all legal conditions for granting the ex parte order had been met. She noted that there was a scheduled hearing of the substantive Miscellaneous application number 573 of 2025, which is set for July 29, 2025.
The Judge has also indicated that Ochieno had also demonstrated urgency, given the fact that the conference was set for the following day, and that a real threat existed which could not be neutralised by simply waiting for the main application to be heard. She further found that the application had been brought in good faith and without delay.
“Secondly, this application was filed without inordinate delay considering the circumstances that led to the call of the delegates conference. It is my finding that the applicant has proved that this application has not been brought in bad faith”, said the Judge.
In her analysis, Justice Kavuma referenced previous judicial decisions, including Wilson Mukiibi vs. James Semusambwa and Hwang Sung Industries vs. Tajdin Hussein, which established that interim reliefs should be granted only when there is a compelling reason and when the consequences of inaction could compromise justice. She emphasised that Akena’s disputed status within the party and the immediacy of the scheduled event created a scenario that warranted temporary court protection.
The Court order is now restraining both the Uganda People’s Congress and Hon. Jimmy Akena, along with their agents and affiliates, from convening the Delegates Conference physically or virtually until the main application is heard.
The interim order is valid for three days and will lapse after the court hears next week’s case.
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