The High Court of Uganda has upheld the election of Joel Ssenyonyi as the Member of Parliament for Nakawa Division West, dismissing an election petition filed by Ivan Bwowe. Bwowe had challenged Ssenyonyi's election, citing errors in the nomination documents issued to candidates. The court found that the Electoral Commission had incorrectly described the constituency as "Nakawa West Constituency" instead of the legally established "Nakawa Division West Constituency".
According to the court's findings, the Electoral Commission's error was identified in the declaration of nominated candidates forms issued to contestants. However, despite acknowledging the mistake, the court ruled that Bwowe had not presented sufficient evidence to demonstrate that the Commission's actions amounted to non-compliance with electoral laws. The court also found that Bwowe had failed to establish sufficient legal grounds to overturn Ssenyonyi's victory.
The petition was filed against the Electoral Commission, the Kampala District Returning Officer, and Ssenyonyi, with Bwowe arguing that the nomination process had been conducted under an incorrect description of the constituency. Bwowe maintained that "Nakawa West" was not the legally recognised name of the constituency and that he was the only candidate properly nominated for Nakawa Division West.
The Electoral Commission, Ssenyonyi, and the Returning Officer argued that Bwowe had not properly established his legal entitlement to challenge the election under Section 79(2) of the Parliamentary Elections Act. They also invoked the principle of claim preclusion, citing a previous case dismissed by Justice Collins Acellam on January 8, 2026.
The respondents further argued that Bwowe had not demonstrated that the alleged irregularities substantially affected the election results, as required under electoral law for an election to be nullified. They challenged Bwowe's supporting affidavit, contending that it contained legal arguments and conclusions rather than factual evidence.
The court ordered the Electoral Commission to pay a quarter of the costs incurred by both Bwowe 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 garnered 271 votes and subsequently challenged the outcome.
The latest ruling brings to a close another chapter in the legal dispute over the description of Nakawa Division West during the January 2026 parliamentary election. The court's decision confirms Ssenyonyi's election as the MP for Nakawa Division West, with the petitioner, Ivan Bwowe, having failed to establish sufficient grounds to overturn the election result.
Key points
- The High Court upheld Joel Ssenyonyi's election as MP for Nakawa Division West despite errors in the nomination documents.
- The court found that Ivan Bwowe, the petitioner, had not presented sufficient evidence to demonstrate that the Electoral Commission's actions warranted the nullification of the election.
- The Electoral Commission was ordered to pay a quarter of the costs incurred by both Bwowe and Ssenyonyi.
