Kampala, Uganda: The High Court in Kampala has dismissed an appeal by Daniel Mulirire, the Budiope East candidate, who sought to overturn his disqualification from the parliamentary race in Buyende District, and stayed the Electoral Commission’s decision to annul his nomination.
In a judgment delivered on January 9, 2026, High Court Judge, Justice Simon Peter Kinobe ruled that Mulirire failed to present credible proof that he had resigned from the Uganda Police Force as required by law, and that the Electoral Commission acted within its mandate.
Mulirire, who has been touted as a challenger to FUFA president Moses Magogo, had been nominated on October 22, 2025, but his nomination was later challenged by Ibrahim Yeko, a registered voter in the constituency, who petitioned the Commission alleging that Mulirire was still a serving police officer.
On December 23, 2025, the Commission disqualified Mulirire, prompting him to appeal to the High Court.
Mulirire argued that the legal requirement for public officers to resign at least 90 days before nomination was unconstitutional, that the Commission lacked quorum when it made the decision, and that he was denied a fair hearing.
Justice Kinobe rejected the constitutional challenge, holding that Article 80(4) of the Constitution and Section 4(4)(a) of the Parliamentary Elections Act remain valid law, relying on binding Supreme Court precedent.
“The current attempt to challenge the decision of the 2nd Respondent on grounds that Section 4(4)(a) of the Parliamentary Elections Act, Cap 177 is void is misconceived and devoid of merit,” the judge ruled.
On the quorum question, the court found that the issue had not been properly pleaded and, in any event, evidence before court showed the Commission was lawfully constituted. “The Commission was properly constituted with the requisite quorum prescribed under Section 8(4) of the Electoral Commission Act,” Justice Kinobe held.
The court also addressed whether proof of resignation must be attached at nomination. Justice Kinobe clarified that while resignation at least 90 days before nomination is mandatory, the law does not expressly require documentary proof to be submitted on nomination day.
However, the judge found that Mulirire failed to satisfy that requirement during the complaint process before the Commission.
The only document presented was an uncertified photocopy of a letter allegedly accepting his resignation from the police. “It is my opinion that the letter was not sufficient,” the judge ruled, noting that the author’s authority was unclear, the document was not certified, and there was no evidence it existed at the time of nomination.
“By not adducing cogent evidence of resignation at the time of the Electoral Commission hearing, the respondent rightly found that the Petitioner did not comply with the condition precedent,” Justice Kinobe said.
On allegations of denial of a fair hearing, the court found that Mulirire was duly notified of the complaint, given an opportunity to respond, and that his submissions were considered. “The desired effect of notification to the Petitioner was achieved, as his side of the story was presented and considered by the Commission,” the judge held.
The court dismissed the appeal in its entirety but declined to award costs.
If you would like your article/opinion to be published on Uganda’s most authoritative news platform, send your submission on: [email protected]. You can also follow DailyExpress on WhatsApp and on Twitter (X) for realtime updates.
