In a significant ruling for Uganda’s upcoming parliamentary elections, the High Court in Kampala has dismissed a pre-election petition appeal filed by Ivan Bwowe, upholding the Electoral Commission’s decision to nominate seven candidates for the Member of Parliament seat in Nakawa Division West constituency.
The case, Pre-Election Petition Appeal No. 0008 of 2025, stemmed from Bwowe’s challenge against the nominations of his rivals, arguing that they had been improperly nominated for a “non-existent” constituency labeled as “Nakawa West” rather than the official “Nakawa Division West.”
Bwowe sought to nullify the nominations of Nasasira Happy, Buroora Herbert Anderson, Okuye Felix Ephraim, Okumu Vincent Norbert, Ssenyonyi Joel Besekezi, Kyambadde Wilberforce, and Rwamiti Apuuli, claiming the error rendered their candidacies invalid.
The nominations occurred on October 22 and 23, 2025, during which the candidates submitted papers supporting their bids for “Nakawa West.” The Electoral Commission endorsed and declared them as nominated candidates despite the discrepancy.
Bwowe lodged a complaint with the Commission on December 1, 2025, seeking nullification on grounds that the abbreviated name constituted a substantive error.
Justice Collins Acellam, presiding over the Civil Division, ruled that the issue was a mere clerical error in the nomination papers, correctable under the powers conferred by Section 15 of the Parliamentary Elections Act and Section 29(2) of the Act.
The judge emphasized that the error did not prejudice the electoral process or mislead voters, stating that allowing such a petition would undermine the will of the people and subvert democratic principles.
“I agree with counsel for the Respondents that the ‘Nakawa West’ Constituency and ‘Nakawa Division West’ Constituency are one and the same but often used interchangeably,” Justice Acellam noted in his judgment.
He further observed that the petitioner himself was declared as a nominated candidate for “Nakawa West,” yet claimed no such constituency existed, which the court deemed inconsistent.
The ruling highlighted the court’s reluctance to interfere in electoral matters unless substantive justice is at stake, referencing a prior case, Kasangaki Diana Vs Fulgensia Tumwesigye Civil Application No. 21 of 2023 [2025] UGSC 27, where clerical errors in procedural technicalities were deemed explainable and correctable.
The petition’s dismissal means all eight candidates, including Bwowe, remain eligible to contest in the Nakawa Division West race.
The court ordered each party to bear their own costs, signaling no fault on either side beyond the procedural dispute.
This decision comes amid heightened preparations for Uganda’s general elections, where nomination disputes have occasionally arisen due to administrative oversights.
Political observers note that Nakawa Division West, a key urban constituency in Kampala, has drawn attention with prominent figures like Joel Ssenyonyi, the current Leader of Opposition in Parliament, among the nominees.
Bwowe’s legal team has not yet indicated whether they plan to appeal the ruling to a higher court.
The Electoral Commission welcomed the outcome, reiterating its commitment to fair and transparent elections.
As Uganda edges closer to polling day, this case underscores the balance between technical accuracy and the broader democratic imperative to allow voters’ choices to prevail.
