Kampala, Uganda: The Court in Kampala has set December 22 as the date to deliver its ruling in a petition challenging the Electoral Commission’s (EC) decision to disqualify Mathias Walukaga from contesting for the Busiro East parliamentary seat.
High Court Judge, Justice Simon Peter Kinobe fixed the ruling date on Tuesday after hearing submissions from lawyers representing the petitioner and respondents, following disputes over service of court documents and the computation of statutory timelines.
Walukaga, represented by Alex Luganda, appeared alongside Erias Nalukoola and Jonathan Erut. The respondents are the Electoral Commission as the first respondent and registered voter John Lubowa Kilimiro as the second respondent.
The second respondent was represented by Asuman Nyoyintono and Allan James Mwiiko, while Patrick Wetaka and Hamid Lugoloobi appeared for the Electoral Commission.
At the start of proceedings, Wetaka told court that the Commission had not been aware of the petition, which he said explained its late appearance. “We were not aware of the matter. We have just gotten to know it from other platforms,” Wetaka submitted.
Justice Kinobe questioned the explanation, asking why the Commission had not checked the Electronic Court Case Management Information System (ECCMIS), where the petition had been filed.
Luganda told court that the matter had already been fixed for hearing, noting that summons was signed only a day earlier and service effected on Tuesday. He asked court to issue timelines for the respondents to file their responses.
He also raised the issue of computation of time, arguing that although the EC’s decision was dated November 25, Walukaga only received the ruling on December 9, raising questions about when statutory timelines should begin to run.
Responding, Wetaka said the Commission had no objection to counting time from the date of receipt.
“We begin counting the days right from the date they received the ruling,” he said.
Justice Kinobe ruled that the issue was settled and proceeded to issue strict timelines for the filing of responses.
Nyoyintono, representing the second respondent, requested three days to file a reply, which the court granted. The judge, however, directed that the Electoral Commission file its response within one day, prompting Lugoloobi to protest the tight deadline. “We have many petitions to handle. A day will not be enough,” Lugoloobi argued.
Justice Kinobe maintained the compressed schedule, citing the urgency of electoral disputes.
“By close of business tomorrow, December 17, file your response. On the 18th, any rejoinder should be filed and served. By the 19th, the EC should serve. If you comply with the timelines given, you will have the judgment on December 22,” the judge ordered.
The petition stems from the EC’s decision to disqualify Walukaga on grounds that he lacked the minimum academic qualifications required to contest for Parliament.
Walukaga argues that he was duly nominated on October 23, 2025, and that his academic documents—including a Mature Age certificate issued by the Islamic University in Uganda and equated by the National Council for Higher Education (NCHE)—were valid at the time of nomination.
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