Ivan Bwowe has filed a notice of appeal challenging a High Court decision that upheld the election of Joel Ssenyonyi as Member of Parliament for Nakawa Division West.
In a notice dated November 4, 2026, Bwowe indicates his intention to appeal against the judgment delivered on October 30, 2026, by High Court Civil Division Judge Justice Allan Paul Nshimye in Election Petition No. HCT-00-CV-EP-0011 of 2026.
Bwowe is dissatisfied with the dismissal of his election petition and intends to challenge the entire judgment and the orders issued by the court. The notice names the Electoral Commission, the Kampala District Returning Officer and Ssenyonyi, who is currently the Leader of the Opposition in Parliament, as respondents in the intended appeal. Bwowe will be represented by Kanduho & Company Advocates.
The appeal is the latest development in a legal dispute arising from the January 15, 2026 parliamentary elections, in which Ssenyonyi was declared the winner of the Nakawa Division West seat. Ssenyonyi garnered 21,761 votes in an election contested by eight candidates, while Bwowe obtained 271 votes.
Following the election, Bwowe challenged the outcome, arguing that the Electoral Commission had conducted the nomination process using an incorrect description of the constituency.
He contended that candidates, including Ssenyonyi, had been nominated for what the Commission described as “Nakawa West Constituency” instead of the legally established “Nakawa Division West Constituency”. Bwowe argued that Nakawa West was not the legally recognised name of the parliamentary constituency and maintained that he was the only candidate properly nominated for Nakawa Division West.
On that basis, he asked the court to invalidate Ssenyonyi’s nomination and election and declare him the candidate legally entitled to the parliamentary seat without conducting a fresh election.
However, in his October 30 judgment, Justice Nshimye dismissed the petition, ruling that Bwowe had failed to present sufficient evidence to establish grounds for nullifying the election.
Although the judge faulted the Electoral Commission for incorrectly describing the constituency on the declaration of nominated candidates forms, he found that the error, on its own, was insufficient to invalidate the electoral process. Justice Nshimye cautioned that such administrative errors could have serious implications for the integrity of elections if left unaddressed.
He observed that mistakes in nomination documents could potentially create opportunities for manipulation of the electoral process, including instances where candidates are issued documents bearing incorrect constituency descriptions but are subsequently allowed to contest in different electoral areas.
Despite identifying the irregularity, the judge found that Bwowe had not demonstrated that the Commission’s actions amounted to non-compliance with electoral laws sufficient to warrant the nullification of Ssenyonyi’s victory. The court consequently upheld Ssenyonyi’s election.
On costs, Justice Nshimye ordered the Electoral Commission to pay a quarter of the costs incurred by both Bwowe and Ssenyonyi.
During the proceedings, the Electoral Commission, the Kampala District Returning Officer and Ssenyonyi opposed the petition, questioning Bwowe’s legal standing to challenge the election under Section 79(2) of the Parliamentary Elections Act.
The respondents argued that the law allows an election petition to be filed either by a candidate who contested and lost the election or by a registered voter supported by at least 500 registered voters from the constituency.
They contended that Bwowe had failed to establish that he qualified to petition the court under either of the two provisions.
The respondents also relied on an earlier court decision concerning the disputed constituency description. They argued that Bwowe had previously challenged the use of the name “Nakawa West” in the nomination documents, but the matter was dismissed by Justice Collins Acellam on January 8, 2026.
According to the respondents, the earlier ruling had already determined the dispute over the constituency description and the matter could not be reopened through a subsequent election petition.
They further argued that Bwowe had failed to demonstrate that the alleged irregularities substantially affected the election results, as required under electoral law for an election to be nullified.
The respondents also challenged Bwowe’s supporting affidavit, arguing that it contained legal arguments and conclusions rather than factual evidence. They questioned the inclusion of the Kampala District Returning Officer as a respondent, saying Bwowe had not established any personal misconduct, bad faith or actions outside the officer’s lawful mandate.
Bwowe’s intended appeal now places the High Court decision upholding Ssenyonyi’s election before the Court of Appeal for further consideration.
However, the notice of appeal only communicates Bwowe’s intention to challenge the judgment. The substantive grounds on which he intends to challenge the decision will be set out in the memorandum of appeal.
For now, Ssenyonyi retains his seat as Nakawa Division West MP, with the High Court judgment remaining in force pending any contrary decision by the Court of Appeal.
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