Court Throws Out Akena’s Petition Seeking to Run for President under UPC Flag

The High Court sitting in Kampala has upheld the decision of the Electoral Commission not to nominate Jimmy James Michael Akena as Uganda People’s Congress (UPC) party flag bearer for the 2026 presidential elections. 

In the Wednesday ruling delivered by Justice Bernard Namanya, the court noted that the application was heard days later when the Electoral Commission had already concluded presidential nominations.

“Therefore, it is practically impossible for this court to order the Electoral Commission to nominate Hon. Jimmy James Michael Akena as a UPC presidential candidate for the General Elections 2025/2026 because the nomination exercise is already closed,” the ruling reads in part.

In the court’s view, it is not in the public interest to derail the presidential election exercise only for the purpose of accommodating Akena’s nomination as a UPC presidential candidate. “Moreover, there are serious legal questions as to whether Hon. Akena qualifies for nomination as a UPC presidential candidate, considering the ruling of the Electoral Commission in its letter dated 22nd September 2025 ref: LEG/297/01, which is itself grounded in court rulings.”

However, Justice Namanya issued an interim order restraining the EC from implementing part of its decision that reads, “The term of the Executive Committee of the Uganda People’s Congress expired on 1st August 2025,” on grounds that maintaining UPC’s executive committee’s term of office will enable the party to participate in the General Elections by sponsoring candidates for the various elective positions such as Member of Parliament.

Julius Mucunguzi, the EC spokesperson, confirmed receipt of the ruling saying the next course of action will be communicated.

On Wednesday 24th September 2025, Akena and UPC party under Section 98 of the Civil Procedure Act (Cap. 282) and Order 52 rules 1 and 3 of the Civil Procedure Rules, filed an application in court seeking for an interim order of injunction restraining the EC from banning him (Akena) from being nominated as a UPC presidential candidate in the General Elections 2025/2026, pending hearing of the substantive application (Misc. Cause No. 823 of 2025). 

Akena and the party prayed for court to issue an injunction restraining the EC from implementing its decision not to nominate him as a UPC presidential candidate but rather asked court to direct the EC to nominate Akena as a UPC presidential candidate for the General Elections 2025/2026, arguing that Akena is still part of the UPC Executive Committee with a mandate to manage its party affairs. 

But in their response, Hamidu Lugoloobi, a Senior Legal Officer of the Electoral Commission, argued that before the impugned decision, the EC had received several complaints, including from Joseph Pinytek Ochieno, Peter Walubiri, and Denis Adim Enap contesting Akena’s leadership as a UPC party president.

These complaints, he said, challenged Akena’s legitimacy as UPC party president, considering court rulings in Court of Appeal Civil Appeal No. 20 of 2016: UPC v. Prof. Edward Kakonge; Misc Cause No. 148 of 2025: Denis Adim Enap v. Hon. Akena; and Misc Application No. 573 of 2025: Joseph Pinytek Ochieno v. UPC & Anor. 

He further argued that Akena, Walubiri, and Adim Enap all claimed to be the legitimate UPC party president, prompting the Electoral Commission to intervene in the matter through a meeting which resolved that Akena ceased to be UPC party president upon the expiration of his term on 1st August 2025, before EC’s decision on 22nd September 2025.

Following that meeting, the chairperson of the Electoral Commission issued a letter declaring that Akena could not be nominated as a UPC presidential candidate on account of his candidature being non-compliant with the UPC party constitution. The Commission had also found that the UPC Executive Committee term of office had expired on 1st August 2025.