The High Court in Kampala has dismissed an appeal by Daniel Mulirire challenging his disqualification from the race for Member of Parliament for Budiope East Constituency in Buyende District, upholding a decision of the Electoral Commission that nullified his nomination.
In a judgment delivered on January 9, 2026, Justice Simon Peter Kinobe ruled that Mulirire failed to provide cogent proof that he had resigned from the Uganda Police Force as required by law and that the Electoral Commission acted within its mandate when it annulled his nomination.
Mulirire had been nominated on October 22, 2025, but his candidature was challenged by Ibrahim Yeko, a registered voter in the constituency, who lodged a complaint alleging that Mulirire was still a serving police officer and had not furnished proof of resignation.
On December 23, 2025, the Electoral Commission disqualified Mulirire, prompting the appeal.
Mulirire argued, among other grounds, that the law requiring public officers to resign before nomination was unconstitutional, that the Commission lacked quorum, and that his right to a fair hearing had been violated.
Justice Kinobe rejected the constitutional challenge, holding that Article 80(4) of the Constitution and Section 4(4)(a) of the Parliamentary Elections Act remain valid law. The judge relied on earlier Supreme Court authority, stating that the resignation requirement was valid and applicable.
‘The current attempt to challenge the decision of the 2nd Respondent on grounds that Section 4(4)(a) of the Parliamentary Elections Act, Cap 177 is void is misconceived and devoid of merit,’ the judge ruled.
On the issue of quorum, the court found that the matter had not been properly raised in the petition and that, in any event, evidence presented by the Electoral Commission showed it was duly constituted.
Justice Kinobe held that ‘the Commission was properly constituted with the requisite quorum prescribed under section 8(4) of the Electoral Commission Act.’
The court also addressed whether Mulirire was required to attach proof of resignation at the time of nomination. Justice Kinobe found that while resignation at least 90 days before nomination is mandatory, the law does not expressly require proof to be attached at nomination.
‘The failure to provide proof of resignation on nomination day is not fatal,’ the judge stated, adding that such proof could be assessed during the complaint process. However, the court found that Mulirire failed to meet that standard when the complaint was heard.
The only document presented was an uncertified photocopy of a letter allegedly accepting his resignation from the Uganda Police Force. ‘It is my opinion that the letter was not sufficient,’ Justice Kinobe held, noting that the author’s capacity was unclear, the letter was not certified, and there was no evidence it existed at the time of nomination.
‘By not adducing cogent evidence of resignation at the time of the Electoral Commission hearing, the respondent rightly found that the Petitioner did not comply with the condition precedent,’ the judge ruled.
On the claim of denial of a fair hearing, the court found that Mulirire was notified of the complaint, given time to respond, and that his response was considered.
‘The desired effect of notification to the Petitioner was achieved, as his side of the story was presented and considered by the Commission,’ Justice Kinobe said.
In the final orders, the court dismissed the appeal but declined to award costs.
‘All parties shall bear their costs,’ the judge ordered, noting that the case raised important questions of electoral law.