The High Court of Uganda has ruled that the disqualification of former Makerere University Guild presidential aspirant, Nattabi Margaret, from the 89th Guild elections was unlawful, awarding her sh2m in general damages and costs of the application.
In a ruling delivered on February 6, 2026, Justice Simon Peter M. Kinobe found that the decision by the Chairperson of the 89th Electoral Commission, Levi Tshilumba, to disqualify Nattabi was procedurally unfair and violated the rules governing the Makerere University Students’ Guild.
Nattabi had petitioned the High Court seeking judicial review after she was barred from contesting in the Guild presidential race held on April 14, 2023. She argued that her disqualification was ultra vires, illegal, and contrary to the Makerere University Students’ Guild Statute and Constitution of 2022, and that she was denied the right to be heard.
In her application, Nattabi sought declarations nullifying her disqualification, orders of certiorari and mandamus to quash the decision of the Electoral Commission and reinstate her as a candidate, as well as sh200m in general damages for emotional distress, victimization and harassment.
However, the court noted that by the time the matter was heard, the Guild elections had already been conducted and the winners sworn in, rendering some of the remedies sought impractical.
“Quashing the outcome of the 89th Guild President elections would be impractical in the circumstances and it is clear that this application has been overtaken by events,” Justice Kinobe ruled.
Nonetheless, the judge held that Nattabi had been unfairly disqualified without being given an opportunity to be heard, a violation of the principles of natural justice. As compensation for the inconvenience suffered, the court awarded her sh2,000,000 in general damages, significantly lower than what she had claimed.
The court also ordered that costs of the application be paid to the applicant.
The ruling underscores the obligation of electoral bodies within academic institutions to adhere strictly to due process, fairness, and their own governing laws when managing student elections.
The decision was delivered electronically in accordance with the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025.
