High Court to Rule on Walukagga Appeal on December 22

The Civil Division of the High Court in Kampala has fixed December 22, 2025, for the delivery of judgment in the appeal challenging the nullification of Mathias Walukagga’s candidature for Member of Parliament, Busiro East.

Walukagga’s nomination was cancelled by the Electoral Commission (EC) because he did not meet the minimum academic qualifications required for parliamentary candidates.

The judgment date was set on Tuesday by Justice Rogers Kinobe, who is presiding over the matter. The judge issued strict timelines for the filing of responses and rejoinders, citing the urgency created by the fast-approaching electoral calendar.

Walukagga, the National Unity Platform (NUP) flag bearer, filed the appeal through his lawyers Alex Luganda, Erias Nalukoola, Jonathan Erut and Aua Napala. The Electoral Commission is listed as the first respondent, while voter John Lubowa Kilimiro, who challenged Walukagga’s nomination before the Commission, is the second respondent.

At the start of proceedings, lawyers for the Electoral Commission, led by Patrick Wetaka and assisted by Hamidu Lugoloobi, told the court that the Commission had not been aware of the appeal and had only learnt of it through other platforms. Justice Kinobe questioned why the Commission had failed to check the Electronic Court Case Management Information System (ECCMIS), where the matter had been filed.

In response, Luganda informed the court that the appeal had already been fixed for hearing, noting that the summons had only been signed a day earlier and service was effected the same day. He asked the court to grant the respondents time to file their responses.

Luganda also raised the issue of computation of time, explaining that although the Commission’s ruling was dated November 25, Walukagga only received it on December 9. He sought clarification on whether statutory timelines should run from the date of the decision or the date of receipt.

Wetaka told the court that the Commission had no objection and agreed that time should be counted from the date Walukagga received the ruling. The judge ruled that the matter was settled.

Lawyer Asuman Nyonyitono, appearing with Allan James Mwiiko, asked for three days to file a response. Justice Kinobe declined the request and directed that all respondents file their responses by the close of business on December 17.

Despite an objection from Lugoloobi, who argued that the Commission was handling multiple election petitions and that the timeline was too tight, the judge maintained his decision. He ordered that any rejoinders be filed by December 18, with the Electoral Commission required to file and serve its reply by December 19.

Justice Kinobe stated that if all parties comply with the timelines, judgment will be delivered on December 22. He added that any party dissatisfied with the timelines could raise the matter on appeal. The judge also cautioned parties not to return to court for delivery of the ruling, noting that the judgment would be accessed through ECCMIS.

The appeal stems from a complaint filed before the Electoral Commission by voter John Lubowa Kilimiro, who challenged Walukagga’s eligibility, arguing that he lacked the minimum academic qualifications for nomination as a parliamentary candidate. The Commission heard the matter over several sessions in November before nullifying Walukagga’s nomination.

Under the law, a parliamentary candidate must possess a minimum of a Senior Six certificate or its equivalent.

In his appeal, Walukagga argues that the Commission acted without jurisdiction by cancelling his nomination despite his academic documents having been formally equated and verified by the National Council for Higher Education (NCHE). He contends that once NCHE, working jointly with the Uganda National Examinations Board (UNEB), has equated a candidate’s qualifications, the Electoral Commission has no legal authority to review or overturn that decision.

According to court documents, Walukagga was duly nominated on October 23, 2025, based on a mature age entry certificate issued by the Islamic University in Uganda on June 12, 2023. He maintains that although the certificate is ordinarily valid for two years, it was used within that period to enrol for further studies, a factor which, according to a clarification from the University’s Academic Registrar, preserves its validity beyond the two-year window.

Walukagga enrolled at St. Lawrence University in August 2023 and is currently in his third year of study.

In June 2025, NCHE equated his mature age entry certificate to the Advanced Level standard and subsequently issued him with a certificate of completion of formal education of the advanced level standard. He argues that it was this certification, together with NCHE’s verification, that formed the basis of his nomination.

Walukagga insists that the Commission’s decision was unjust, unfair and illegal. He maintains that under Article 60 of the Constitution and the Electoral Commission Act, the Commission’s mandate is limited to verifying whether documents originate from recognised institutions, not to questioning or overturning determinations made by expert bodies such as NCHE and UNEB.

In his supporting affidavit, Walukagga reiterates that he meets all academic requirements for parliamentary nomination and was wrongly denied the right to contest for the Busiro East seat.

He now asks the High Court to set aside the Commission’s decision, order his reinstatement on the ballot, compel the Commission to recognise him as a duly nominated candidate, and award him the costs of the suit.