However, Mulyanyama’s lawyers and the Electoral Commission challenged the petition on grounds that it had been filed outside the 30-day period prescribed under Section 79(3) of the Parliamentary Elections Act.
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The High Court in Kampala has dismissed an election petition filed by Francis Lubega challenging the election of Kasirye Nganda Ali as Member of Parliament for Makindye East, ruling that the petition was filed outside the mandatory legal timeframe.
In a ruling delivered on October 1, 2026, Justice Allan Paul Nshimye of the High Court Civil Division upheld preliminary objections raised by Mulyanyama and the Electoral Commission, finding that Lubega’s petition was filed out of time and was therefore incompetent.
Lubega, who contested the January 15, 2026 parliamentary election as the Forum for Democratic Change (FDC) flag bearer, had sought to overturn Mulyanyama’s election on grounds that he allegedly lacked the required academic qualifications.
Mulyanyama, who contested on the National Unity Platform (NUP) ticket, was declared the winner and gazetted by the Electoral Commission on March 2, 2026.
In his petition, Lubega asked court to annul Mulyanyama’s nomination, arguing that he lacked an A-level certificate bearing his photograph. He also sought the cancellation of Mulyanyama’s election and a fresh poll, citing alleged substantial non-compliance with electoral laws.
However, Mulyanyama’s lawyers and the Electoral Commission challenged the petition on grounds that it had been filed outside the 30-day period prescribed under Section 79(3) of the Parliamentary Elections Act.
The respondents argued that since Mulyanyama was gazetted on March 2, 2026, the petition should have been filed within the statutory period, making any filing outside that timeframe legally defective.
In determining the objection, Justice Nshimye examined records from the Judiciary’s Electronic Court Case Management Information System (ECCMIS).
The judge found that although an empty document had been uploaded on April 3, 2026, the actual 17-page petition was uploaded on April 7, 2026, when the court fees were also paid.
The court held that the petition was filed on April 7, rather than April 3, as the electronic records showed that the earlier upload contained no pleading and the subsequent filing did not include the petition itself.
Justice Nshimye noted that Section 79(3) of the Parliamentary Elections Act requires election petitions challenging parliamentary election results to be filed within 30 days after publication of the results in the Uganda Gazette.
The judge also referred to Section 34(1) of the Interpretation Act, which provides for the exclusion of the day on which an event occurs when computing a period of days.
He cited a Court of Appeal decision in Ikiror Kevin v Orot Samuel, Election Petition Appeal No. 105 of 2016, in which the strict nature of the statutory filing deadline was emphasised.
The judge concluded that Lubega’s petition had been filed outside the mandatory timeframe and that the defect could not be cured.
Court further noted that Lubega had not filed submissions in response to the preliminary objections within the schedule issued on September 16, 2026. Instead, he filed an application on September 24 seeking an extension of time to lodge the petition.
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Justice Nshimye held that the application did not excuse the failure to comply with the court’s directions on filing submissions.
Consequently, the court upheld the respondents’ objection and dismissed the petition without considering the other preliminary objections.
However, taking into account the grounds of the petition and the circumstances surrounding its dismissal, the judge ordered Lubega to pay only half of the respondents’ costs.