The High Court has upheld the parliamentary nomination of Emmanuel Rwashande for Lwemiyaga Constituency, ruling that a challenge filed by incumbent MP Theodore Ssekikubo was filed after the statutory deadline and therefore cannot be considered.
In her ruling on Tuesday, Justice Joyce Kavuma emphasized that courts have no authority to extend the five-day timeline for appeals against Electoral Commission decisions, even in cases where candidates claim delays in receiving rulings.
“Election matters are a special type of case where time is of essence, and the timelines set by law must be strictly followed,” Justice Kavuma said, stressing the mandatory nature of election procedures.
Both Ssekikubo and Rwashande had been cleared by the Electoral Commission to contest for the Lwemiyaga parliamentary seat in Sembabule District ahead of the January 15, 2026, general elections.
Ssekikubo had accessed Rwashande’s nomination papers and filed a petition with the Electoral Commission, claiming the nomination did not comply with legal requirements. The Commission dismissed his complaint on December 3, 2025.
He later filed an appeal in the High Court and asked the court to excuse the delay, arguing that the Commission took time to communicate its decision.
Justice Kavuma rejected this argument, noting that the ruling had been served on Ssekikubo’s lawyers on the day it was delivered. The five-day period for filing an appeal therefore began immediately.
“Courts cannot extend deadlines fixed by Parliament, even if a candidate believes they have a valid reason,” the judge added.
The High Court struck out Ssekikubo’s appeal and dismissed his application to validate it, clearing the way for Rwashande to remain on the ballot.
The court also ruled that each party bears its own legal costs, highlighting the public importance of electoral disputes and the need to ensure that litigants are not deterred from seeking redress.
This ruling reinforces the principle that strict adherence to election timelines is critical in Uganda, especially as the country approaches the January 15 general elections
