The High Court in Entebbe has issued a notice of abatement in an election petition challenging the parliamentary election for Busiro County South Constituency in Wakiso District, following the death of petitioner Charles Matovu.
In a notice dated October 28, 2026, the court stated that Election Petition No. 001 of 2026 had abated following the death of Matovu, the sole petitioner, on October 22, 2026, quoting section 86 of the Parliamentary Elections Act (Cap 177) and Rule 20 of the Parliamentary Elections (Interim Provisions) Rules.
”Notice of abatement of election petition No.0001 of 2026 for the directly elected Member of Parliament for Busiro County South Constituency in Wakiso District is given following the death of Matovu Charles, the sole Petitioner, which occurred on 22nd October 2026.” The notice, signed by Butanula Rashida, the Assistant Registrar at Entebbe High Court Circuit, read.
In the petition, late Matovu challenged the election of Mr Kenan Opio for the Busiro County South Parliamentary seat; the Electoral Commission is the second respondent.
However, as the court prepared to make judgment in the matter on November, 20, the petitioner, Matovu, died on October 22, following a short illness.
However, the lead counsel for Matovu, Mr Samuel Muyizi, said the legal team still intends to address the court on the implications of the notice before the matter proceeds.
‘The court posted the notice of abatement to the petition, and what is left is for us to address that issue. We are going to address it soon,’ Mr Muyizi told this publication on Thursday.
He added that the legal team still had time to present its position, noting that the High Court had scheduled November 20, 2026, for delivery of judgment.
‘November 20, 2026, was set by the High Court to deliver the judgment, and we have time. There is no limitation on when we can address the court on that issue and give our position,’ he added.
The notice of abatement raises a procedural question about the status of the election petition following the death of its sole petitioner.
The legal implications and any further steps will depend on the applicable law and the court’s consideration of the parties’ positions.
Background
Matovu was a member of the National Unity Platform (NUP) party. He served in the 11th Parliament and sought reelection in 2026.
His death came barely a month after the High Court dismissed an application in which he was seeking the review of electoral materials and documents, leading to the declaration of Mr Kenan Opio as duly elected for the Busiro South Constituency.
Matovu had sought the Electoral Commission to produce the official report book, proof of declaration forms, accountability of ballot paper forms, and presidential election declaration forms for 102 polling stations in Busiro South County.
The others include printouts of scanner reports, certified DR forms of polling stations in Nkumba, Kisubi and Kitala wards and certified DR forms of 58 polling stations.
He argued that reviewing the documents would assist the court in the proper determination of his original petition against the elected MP Opio and the Electoral Commission, in which he alleges that there was non-compliance with electoral laws which affected the outcome of the elections.
He also prayed that the court set aside the election of Mr Opio.
However, the Electoral Commission, in an affidavit sworn by the Wakiso District Returning Officer, Mr Musinguzi Tolbert, opposed the application, stating that it was incompetent.
The Court had on October 16 commenced the hearing of his petition, presided over by Justice Johnson Karemani.