Nankwanga takes Bugweri election dispute to Court of Appeal

In Summary: EC Boss Justice Simon Peter Kinobe ruled that Nankwanga had not presented the required academic qualifications at the time of nomination, a finding she is now seeking to challenge before the Court of Appeal.

Kampala, Uganda — Former Bugweri District Woman MP Stella Maris Nankwanga has filed a Notice of Appeal challenging a High Court judgment that nullified her election and declared her challenger, Aminah Mutesi Nalugoda, the duly elected representative.

In the Notice of Appeal filed at the High Court in Iganga on November 13, 2026, Nankwanga, who was the first respondent in Election Petition No. 02 of 2026, said she was dissatisfied with the judgment and orders of Justice Simon Peter Kinobe delivered electronically on the same day.

She indicated her intention to appeal against the entire judgment before the Court of Appeal in Kampala.

The appeal follows a ruling in which Justice Kinobe nullified Nankwanga’s election after finding that she had not presented the required academic qualifications at the time of her nomination and was therefore not eligible to contest for Parliament.

The court subsequently declared Nalugoda, who had finished second in the January 15, 2026 election, the duly elected Woman MP for Bugweri District. Nankwanga had been declared winner after polling 15,151 votes against Nalugoda’s 13,683, while NUP’s Walukamba Mercy received 10,767 votes.

Nalugoda filed the election petition on March 5, 2026, challenging Nankwanga’s academic qualifications. She argued that the Post Basic Diploma in Public Health certificate presented by Nankwanga did not meet the minimum Advanced Level academic requirement or its equivalent under the Constitution and the Parliamentary Elections Act.

She further argued that the National Council for Higher Education (NCHE) had confirmed in writing that the Post Basic Diploma in Public Health was not among the programmes it had accredited.

Nankwanga, however, maintained that she possessed a Certificate in Mental Health Nursing and a Diploma in Public Health, arguing that the college had subsequently corrected an error on her certificate. She also contended that the petition raised matters that arose before polling and should therefore have been handled by the Electoral Commission.

The Electoral Commission similarly argued that the complaint had been handled and that the election was free, fair and lawful.

However, Justice Kinobe found that the Commission had not actually determined the complaint lodged by Nalugoda’s election agent challenging Nankwanga’s nomination.

The judge ruled that the Commission had a duty to consider the complaint on its merits, even if a party failed to appear for the hearing, because it concerned a candidate’s eligibility. “One cannot appeal, review or otherwise challenge a decision that does not exist,” Justice Kinobe said.

On the academic qualifications, the judge found that Nankwanga had not submitted an NCHE certificate of equivalence for her Certificate in Mental Health Nursing and that the corrected Diploma in Public Health was issued only after the nomination process.

He ruled that candidates must possess and present the required qualifications at the time of nomination and that documents obtained or corrected afterwards could not cure the deficiency.

“I find that the 1st respondent did not present the required academic documents at the time of nomination and therefore she was not qualified for the election as Woman MP for Bugweri District,” Justice Kinobe ruled.

The court consequently set aside Nankwanga’s election, declared Nalugoda the duly elected Woman MP and ordered Nankwanga and the Electoral Commission to share the costs of the petition equally.

With the Notice of Appeal now filed, the dispute is expected to proceed to the Court of Appeal, where Nankwanga will challenge the High Court’s findings and orders.