The Chief Magistrate's Court of Nakawa has ordered Godfrey Luyombya to vacate office immediately as directly elected councillor for Nakawa II Electoral Area in Kampala City. The court ruled in favour of Emmanuel Kitosi, Luyombya's election challenger, in Election Petition No. 0002 of 2026. Chief Magistrate Adoko Joe Fay found that irregularities in Luyombya's nomination substantially affected the election and rendered the result liable to be overturned. The judgment was delivered on October 29, 2026.
The dispute centred on the validity of Luyombya's nomination documents and whether the Electoral Commission had complied with statutory requirements governing local government elections. Kitosi filed the petition on May 15, 2026, challenging Luyombya's election after he was declared the winner and gazetted on May 8, 2026. The petition raised issues including alleged defects in nomination forms, missing commissioning dates, and questions surrounding the validity of Luyombya's supporting documents.
A central finding in the judgment was that the returning officer's declaration identified the nominated candidate as "Muyombya Godfrey" rather than "Luyombya Godfrey." The court rejected the argument that the discrepancy was a mere typographical error or accidental slip. The magistrate held that the Electoral Commission had nominated a person identified as Muyombya Godfrey, rather than the candidate whose election was challenged. This discrepancy was deemed substantive and not curable by a general appeal to the principle of administering justice without undue regard to technicalities.
The court also examined the manner in which some of Luyombya's nomination documents had been commissioned. Kitosi had challenged forms EC6, EC7, and EC8, arguing that they were not properly endorsed by a commissioner for oaths and that relevant dates and signatures were missing. The magistrate observed that the commissioner's name had been printed using a stamp, but the space provided for the commissioner's signature was blank, and the documents did not indicate the dates on which they had been commissioned.
The court considered whether Luyombya had personally appeared before a commissioner for oaths, as required for documents containing statements made under oath. Citing previous court decisions, the magistrate held that failure to demonstrate proper commissioning could render the relevant instruments invalid. The court concluded that the nomination documents did not meet the applicable legal requirements, and the Electoral Commission should have identified the defects during the nomination process.
Another significant issue concerned the person named as a seconder in Luyombya's nomination documents. Kitosi argued that the named seconder, Kaija Doreen, had not validly seconded the nomination and was in detention at the relevant time. The court found that the evidence presented by Kitosi on the seconder's detention and the alleged failure to validly second the nomination had not been controverted by the respondents.
The court ultimately found that the irregularities in Luyombya's nomination went beyond minor administrative mistakes and affected the legal validity of the nomination. The magistrate ordered the Electoral Commission to gazette Emmanuel Kitosi as the validly declared winner of the election held on January 22, 2026, with immediate effect. Luyombya was also ordered to vacate office immediately, and Kitosi was awarded costs of the petition against the respondents.
Key points
- The court annulled Luyombya's election due to a discrepancy in his nomination documents, where he was identified as "Muyombya Godfrey" instead of "Luyombya Godfrey."
- The court also found that Luyombya's nomination documents were not properly commissioned, with missing dates and signatures.
- Emmanuel Kitosi was declared the validly elected councillor for Nakawa II Electoral Area, and the Electoral Commission was ordered to gazette him as the winner with immediate effect.
