Court Sets October 20 Judgment in Nakawa West Election Petition

The High Court in Kampala has set October 20, 2026, for judgment in a petition challenging the election of Joel Ssenyonyi as Member of Parliament for Nakawa Division West.

Civil Division Judge Allan Paul Nshimye set the date on Friday after the parties informed the court that they had complied with earlier directions to file written submissions. The parties also made brief oral highlights of their respective arguments.

The case was filed by lawyer and politician Ivan Bwowe against the Electoral Commission, the Kampala District Returning Officer and Ssenyonyi. Ssenyonyi was declared the winner of the January 15 parliamentary election after securing 21,761 votes in a contest involving eight candidates. 

Bwowe, who polled only 271 votes, is challenging the validity of the election over the description of the constituency in the 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 the Nakawa Division West constituency and should therefore have been declared elected without a poll. 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 allows 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 nomination of candidates over the same “Nakawa West” description before the election. The initial 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 the nomination documents invalidated the nominations. They contend that Bwowe cannot raise the same issue again through an election petition after the election.

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 of an election.

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, arguing that Bwowe has not alleged any personal misconduct, bad faith or conduct outside the officer’s lawful mandate.

Bwowe’s petition, however, asks the court to make declarations on the validity of Ssenyonyi’s nomination and the election. He argues that the election was conducted on an unlawful basis and seeks orders declaring 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” in the nomination process. Although the High Court rejected his earlier challenge, he has maintained that the issue provides sufficient legal grounds to nullify Ssenyonyi’s election.

The same judge is also hearing a petition filed by Alex Waiswa Mufumbiro challenging the election of Fred Ruhindi as Nakawa East MP. The court has so far cross-examined two of Mufumbiro’s witnesses, including his brother, Kato Kenneth Mufumbiro, over the contents of an affidavit in which he alleges that results from some polling stations were not properly tallied. Ruhindi was declared the winner with 18,555 votes against Mufumbiro’s 15,186. 

Kampala District Returning Officer Rashid Hasakya has also appeared in the witness box and is being cross-examined over his affidavits, the manner in which the contested results were compiled and allegations concerning altered declaration of results forms.