The High Court in Kampala has upheld the Electoral Commission’s decision to cancel the parliamentary nomination of Mathias Walukagga, ruling that he did not meet the minimum academic qualifications required by law at the time of nomination.

In a judgment delivered electronically on Sunday, Justice Simon Peter Kinobe dismissed Walukagga’s petition challenging the Commission’s decision to nullify his nomination for the Busiro East parliamentary seat. Walukagga had been nominated on October 23, 2025, to contest on the National Unity Platform ticket.

The court found that the Electoral Commission acted within its constitutional and statutory mandate when it cancelled the nomination following a complaint filed by a registered voter in the constituency. The complaint was lodged by John Lubowa Kilimiro, who argued that Walukagga did not possess valid academic qualifications at the time of nomination as required under the Parliamentary Elections Act.

Walukagga’s nomination was based on a Certificate of Mature Age and Aptitude Test issued by the Islamic University in Uganda in June 2023, together with a certificate of equivalence issued by the National Council for Higher Education in consultation with the Uganda National Examinations Board on June 11, 2025. However, the court held that the mature age certificate was valid for only two years and expired on June 12, 2025, more than four months before the nomination exercise.

After hearings conducted in November 2025, the Electoral Commission agreed with the complainant and, on November 25, 2025, cancelled Walukagga’s nomination for failure to meet the minimum academic requirements. Walukagga was formally notified of the decision on December 9, 2025.

In his petition to the High Court, Walukagga argued that the mature age certificate remained valid because he had used it to enrol for further studies. He told the court that he joined St. Lawrence University in August 2023 and was, at the time of nomination, a third-year student pursuing a Bachelor’s degree in Public Administration. He also relied on a letter from the Islamic University in Uganda dated November 11, 2025, suggesting that a mature age certificate remains valid once used for further education.

Justice Kinobe rejected those arguments, holding that the law governing mature age entry is explicit and does not permit any extension beyond the two-year validity period. The judge ruled that once the mature age certificate expired, the certificate of equivalence issued by the National Council for Higher Education could not independently sustain eligibility for parliamentary nomination.

The court further held that Legal Notice No. 12 of 2015 strictly limits the validity of a mature age certificate to two years and that no law provides for an exception where the certificate has been used to enrol for further studies. Justice Kinobe also dismissed claims that the Electoral Commission exceeded its authority or encroached on the mandate of the National Council for Higher Education.

He ruled that the Commission lawfully exercised its constitutional authority to determine whether nomination documents were valid at the time they were presented. The court also rejected objections regarding jurisdiction and procedure, noting that the Constitution permits a registered voter to file a complaint either with a returning officer or directly with the Electoral Commission.

Justice Kinobe further upheld the validity of the decision communicated by Electoral Commission chairperson Justice Simon Byabakama, ruling that the Commission is empowered to regulate its internal procedures provided that all commissioners participate in the decision-making process.

The court stressed the importance of conclusively resolving nomination disputes before polling day, warning that allowing such matters to spill into the post-election period risks injustice, unnecessary litigation, and waste of public resources. The judge emphasised that challenges to academic qualifications must be raised and settled before elections unless the defect was not reasonably discoverable at the time of nomination.

In the final orders, the court dismissed Walukagga’s petition and confirmed that his nomination was invalidly made and lawfully set aside by the Electoral Commission. However, Justice Kinobe declined to award costs, citing the public importance of the issues raised and noting that the case tested an area of electoral law not yet fully settled by Uganda’s jurisprudence. Each party was ordered to bear its own costs.

The decision leaves 12 candidates in the Busiro East parliamentary race, including incumbent Medard Lubega Sseggona, who is running as an independent after losing the National Unity Platform ticket. Walukagga retains the right to appeal the ruling to the Court of Appeal.

URN