The High Court in Kampala has deferred judgment in a petition challenging the election of Leader of the Opposition Joel Ssenyonyi as Nakawa Division West Member of Parliament to October 30, 2026, citing delays in receiving some documents.
Justice Allan Paul Nshimye had been expected to deliver the ruling on Tuesday after indicating on October 2 that he would determine the case once all parties had filed the required documents and written submissions within the stipulated time.
However, the judge informed the parties that the judgment was not ready because some documents had reached him late. He did not identify the parties responsible for the delay but scheduled the ruling for 9am on October 30.
The case was brought by lawyer and politician Ivan Bwowe against Ssenyonyi, the Electoral Commission and the Kampala District Returning Officer. Ssenyonyi won the January 15 parliamentary election with 21,761 votes in a race involving eight candidates, while Bwowe obtained 271 votes.
Bwowe is disputing the election on grounds that the nomination documents described the constituency as “Nakawa West”, rather than Nakawa Division West, which he argues is the legally recognised name of the constituency.
He contends that the discrepancy rendered the nominations of the other candidates, including Ssenyonyi, invalid. Bwowe maintains that he was the only candidate properly nominated for Nakawa Division West and should consequently have been declared elected unopposed.
The respondents have urged the court to dismiss the petition, arguing that it is legally defective and attempts to reopen a dispute that had already been decided before the election.
In their written submissions, Ssenyonyi, the Electoral Commission and the returning officer challenge Bwowe’s legal basis for bringing the case. They cite Section 79(2) of the Parliamentary Elections Act, which provides for an election petition to be filed by a candidate who lost the election or a registered voter backed by at least 500 registered voters from the constituency.
The respondents argue that Bwowe has not properly brought the case under either of the provisions. According to their submissions, he has not pursued it in the capacity of a losing candidate and has not invoked the alternative route requiring the support of 500 registered voters.
They have also asked the court to reject the petition on grounds of claim preclusion, arguing that the dispute over the use of “Nakawa West” in nomination documents had already been determined in an earlier case filed by Bwowe.
That case was dismissed by High Court Judge Collins Acellam on January 8, 2026, shortly before the general election.
The Electoral Commission, represented by lawyer John Musiime, and Ssenyonyi, represented by lawyer Nalukoola Luyimbazi, contend that the earlier proceedings settled the question of whether using “Nakawa West” in the nomination documents invalidated the candidates’ nominations.
They argue that Bwowe cannot bring the same dispute before the court again through an election petition after the poll has taken place.
The respondents have further submitted that Bwowe has not demonstrated how the alleged irregularity substantially affected the election outcome, a requirement they say must be satisfied before an election can be nullified.
They have also challenged the contents of Bwowe’s supporting affidavit, arguing that it contains legal arguments and conclusions instead of being confined to factual matters appropriate for an affidavit.
Another objection concerns the inclusion of the returning officer as a respondent. The respondents argue that Bwowe has not accused the official of personal misconduct, bad faith or acting beyond the powers of the office.
Bwowe, however, wants the court to issue declarations on the legality of Ssenyonyi’s nomination and subsequent election. He maintains that the poll was conducted on an unlawful basis and seeks recognition as the candidate legally entitled to the parliamentary seat.
The dispute dates back to the nomination period preceding the January 2026 elections, when Bwowe first challenged the description “Nakawa West” in candidates’ nomination documents. Although the High Court dismissed that challenge, he has continued to argue that the naming issue provides grounds for invalidating Ssenyonyi’s election.
Meanwhile, Justice Nshimye is also scheduled to hear, on October 30, an election petition filed by jailed National Unity Platform deputy spokesperson Alex Waiswa Mufumbiro challenging the election of NRM’s Fred Ruhindi as Nakawa Division East Member of Parliament over alleged electoral malpractice.
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