The High Court in Kampala has postponed the delivery of judgment in a petition challenging the election of Leader of the Opposition Joel Ssenyonyi as Member of Parliament for Nakawa Division West Constituency to October 30, 2026. Justice Allan Paul Nshimye had been scheduled to deliver the judgment on Tuesday, following his October 2, 2026, directive that he would rule on the matter if all parties submitted the required documents and written submissions on time.
However, the judge told the parties on Tuesday that the judgment was not ready because he had received some documents late. He did not specify which parties had delayed submitting the documents before setting October 30 at 9 am for the ruling. The petition was filed by lawyer and politician Ivan Bwowe against the Electoral Commission, the Kampala District Returning Officer and Ssenyonyi, who was declared winner of the January 15 parliamentary election with 21,761 votes in a contest involving eight candidates.
Bwowe, who garnered 271 votes, is challenging the validity of the election over the description of the constituency in candidates’ nomination documents. He argues that candidates, including Ssenyonyi, were nominated for “Nakawa West”, which he contends was not the legally established name of the constituency.
He maintains that he was the only candidate properly nominated for Nakawa Division West and should therefore have been declared elected unopposed. The respondents have asked the court to dismiss the petition, arguing that it is legally incompetent and seeks to reopen an issue that had already been determined before the election.
In their written submissions, Ssenyonyi, the Electoral Commission and the returning officer argue that Bwowe does not fall within the statutory category of persons entitled to bring the petition in the manner he has pleaded it. They rely on Section 79(2) of the Parliamentary Elections Act, which provides for an election petition to be brought by a candidate who lost the election or by a registered voter supported by at least 500 registered voters in the constituency.
The respondents contend that Bwowe has not presented the case as a losing candidate and did not file it under the alternative provision requiring the support of 500 registered voters. They also argue that the petition is barred by the principle of claim preclusion, saying Bwowe had previously challenged the use of “Nakawa West” in candidates’ nomination documents before the election. That earlier case was dismissed by High Court judge Collins Acellam on January 8, 2026.
The Electoral Commission, represented by lawyer John Musiime, and Ssenyonyi, represented by lawyer Nalukoola Luyimbazi, argue that the earlier proceedings finally determined whether the use of “Nakawa West” in nomination documents invalidated the nominations. They contend that Bwowe cannot raise the same issue again through an election petition after the election has been held.
The respondents further argue that, even if the court considers the substance of the petition, Bwowe has not demonstrated that any alleged breach of electoral law substantially affected the election result, as required to justify nullification. They have also challenged Bwowe’s supporting affidavit, arguing that it contains legal arguments and conclusions rather than facts that should properly be presented in an affidavit.
The respondents have separately objected to the inclusion of the returning officer as a party to the case, arguing that Bwowe has not alleged any personal misconduct, bad faith or conduct outside the officer’s lawful mandate. Bwowe, however, is asking the court to make declarations on the validity of Ssenyonyi’s nomination and election. He argues that the election was conducted on an unlawful basis and wants the court to declare him the candidate legally entitled to the seat.
The dispute is the latest stage of a legal battle that began before the January election, when Bwowe challenged the use of “Nakawa West” during the nomination process. Although the High Court dismissed his earlier challenge, he has maintained that the issue provides sufficient legal grounds to nullify Ssenyonyi’s election. On the same day, October 30, Justice Nshimye is also scheduled to hear an election petition filed by jailed National Unity Platform deputy spokesperson Alex Waiswa Mufumbiro against NRM’s Fred Ruhindi over alleged electoral malpractice in Nakawa Division East-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
