The High Court in Kampala has set December 22 as the date to deliver its ruling in a petition challenging the Electoral Commission’s (EC) decision to disqualify Busiro East Member of Parliament aspirant Mathias Walukagga.
Justice Simon Peter Kinobe set the ruling date on Tuesday after hearing submissions from lawyers representing the petitioner and respondents, following concerns raised over service of court documents and computation of statutory timelines.
The petitioner, Walukagga, represented by lawyer Alex Luganda, appeared alongside counsel Erias Nalukoola and Jonathan Erut. The respondents include the Electoral Commission as the first respondent and registered voter John Lubowa Kilimiro as the second respondent.
Lawyers Asuman Nyoyintono and Allan James Mwiiko represented the second respondent, while Patrick Wetaka and Hamid Lugoloobi appeared for the Electoral Commission.
At the start of proceedings, Wetaka informed the court that the Commission had not been aware of the petition, which is why they came to court late.
“We were not aware of the matter. We have just gotten to know it from other platforms,” Wetaka told the court.
Justice Kinobe questioned the explanation, asking why the Commission had not checked the Electronic Court Case Management Information System (ECCMIS), where the matter had been filed.
Luganda explained that the petition had been fixed for hearing on Tuesday, noting that summons had been signed only a day earlier.
“The petition has been fixed for today for hearing. We got summons signed yesterday, and we have effected service today. The respondents have not been able to respond, and we seek timelines for responding,” Luganda submitted.
He also raised a substantive issue regarding computation of time, pointing out that although the EC’s ruling was dated November 25, the petitioner only received it on December 9.
“Does this still stand?” Luganda asked, seeking clarification on when statutory timelines should begin to run.
Justice Kinobe invited the Electoral Commission to respond. Wetaka said the Commission had no objection: “We begin counting the days right from the date they received the ruling.”
The judge ruled that the issue was settled and turned to the question of timelines for filing responses.
Nyoyintono, appearing for the second respondent, requested three days to file a response. “We would pray for three days,” he said.
Justice Kinobe directed that the Electoral Commission be given only one day to reply, prompting Lugoloobi to protest the tight schedule.
“We have many petitions to handle. A day will not be enough,” Lugoloobi argued.
In his ruling, Justice Kinobe maintained the compressed timelines, stressing the urgency of electoral disputes.
“By close of business tomorrow, December 17, file your response. On the 18th, any rejoinder should be filed and served. By the 19th, the EC should serve. If you comply with the timelines given, you will have the judgment on December 22,” the judge ordered.
The petition arises from the Electoral Commission’s decision to disqualify Walukagga from contesting for the Busiro East parliamentary seat, on grounds that he lacked the requisite minimum academic qualifications.
Walukagga argues that he was duly nominated on October 23, 2025, and that his academic documents, including a Mature Age certificate issued by the Islamic University in Uganda and equated by the National Council for Higher Education (NCHE), were valid.
The court’s ruling on December 22 is expected to determine whether Walukagga remains disqualified or is reinstated as a candidate in the Busiro East parliamentary race.