High Court Judge Allan Nshiimye has set October 20, 2026, to deliver judgment in a petition challenging the election of Leader of Opposition Joel Ssenyonyi as Member of Parliament for Nakawa Division West.
The judgment date was fixed after the parties filed their written submissions, bringing to a close argument in a petition filed by Ivan Bwowe challenging the January 15, 2026 parliamentary election.
The petition centres on the description “Nakawa West” used on nomination documents. Bwowe contends that the description refers to a non-existent constituency and that candidates should instead have been nominated for the gazetted Nakawa Division West constituency.
The Electoral Commission and other respondents, through their lawyers, have asked the court to dismiss the petition with costs, arguing that the nomination dispute had already been determined before the election.
The respondents argued that the petition is barred by the doctrine of res judicata because Bwowe is attempting to reopen an issue that was previously considered and determined by a competent court.
“The former proceedings meet the first requirement,” the respondents submitted, arguing that the earlier proceedings and the current petition arise from the same nomination dispute.
According to the respondents, Bwowe first challenged the nominations before the Electoral Commission and subsequently appealed to the High Court. Justice Collins Acellam dismissed the appeal on January 8, 2026, holding that the use of “Nakawa West” amounted to a correctable misnomer.
The respondents argued that the omission of the word “Division” from the description did not invalidate the nominations or the subsequent election, noting that the nomination forms and other electoral records showed that the candidates were contesting for Nakawa Division West.
They further asked the court to strike out Bwowe’s affidavit, describing it as argumentative and prolix. Alternatively, they asked the court to sever the portions containing arguments rather than factual evidence.
On the substance of the petition, the respondents argued that Bwowe had failed to demonstrate that the alleged non-compliance with electoral requirements substantially affected the election result, as required under the Parliamentary Elections Act.
They pointed to the results attached to the petition, which show that Bwowe obtained 271 votes while Ssenyonyi received 21,761 votes. However, the respondents maintained that the numerical difference was not, by itself, the basis of their case, insisting that Bwowe was required to establish a lawful ground for nullifying the election.
Bwowe is seeking an order declaring him the only validly nominated candidate and, consequently, the duly elected Member of Parliament for Nakawa Division West without a poll.
He argues that the other candidates were nominated for “Nakawa West”, which he contends is not a gazetted constituency, making their nominations invalid and rendering the subsequent election a nullity.
The respondents have rejected the argument, maintaining that the candidates did not seek election to a different constituency and that the description used in the nomination documents did not change the seat they intended to contest.
They also argued that even if Ssenyonyi’s election were nullified, Bwowe would not automatically become the MP because several candidates participated in the election.
“The law requires court to establish whether another candidate was duly elected or whether the seat should be declared vacant, rather than automatically handing it to the petitioner,” the respondents submitted.
The Electoral Commission and the other respondents have asked Justice Nshiimye to uphold their preliminary objections and dismiss the petition with costs.
The court will deliver its decision on October 20, 2026.
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