Justice Kwemara dismissed the application without costs, noting that he was not satisfied that the petitioner had met the requirements under Rule 6(5) of S.I. 141-2 to justify an order for substituted service.
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The High Court in Mbarara has dismissed an election petition filed by Mbarara City North parliamentary candidate Robert Mwesigwa Rukaari against MP-elect Christopher Bakashaba and the Electoral Commission, citing failure to properly serve court documents.
Rukaari, who contested as an independent in the 15 January general election, had asked the court to nullify Bakashaba’s victory and declare him the rightful winner. He argued that Bakashaba was unqualified to stand, alleging irregularities in his academic credentials. He also sought Bakashaba’s prosecution over the same claims.
However, Acting High Court Judge Gelase Kwemara Kafuuzi dismissed the petition on procedural grounds. The judge ruled that the case could not proceed because the required legal documents were not properly delivered to the respondents within the stipulated timeframe.
The court found that Rukaari failed to prove that Bakashaba had been personally served or that reasonable steps were taken to ensure proper service, making it impossible for the case to move forward.
Justice Kwemara dismissed the application without costs, noting that he was not satisfied that the petitioner had met the requirements under Rule 6(5) of S.I. 141-2 to justify an order for substituted service.
Bakashaba, the NRM candidate, won the election with 50,478 votes, defeating Rukaari, who garnered 4,802 votes. The Electoral Commission officially gazetted Bakashaba as the duly elected MP on 2 March 2026. With the petition dismissed on procedural grounds, Bakashaba’s election victory remains valid.