KAMPALA The High 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 Busiro East Member of Parliament aspirant Mathias Walukaga. The anticipate court ruling (December 22) is expected to determine whether Walukaga remains disqualified or is reinstated as a candidate in the Busiro East parliamentary race.
Justice Simon Peter Kinobe set the ruling date on Tuesday after hearing submissions from lawyers representing the petitioner and respondents, following concerns raised over service of court documents and computation of statutory timelines.
The petitioner, Walukaga, represented by lawyer Alex Luganda, appeared alongside counsel Erias Nalukoola and Jonathan Erut. The respondents include the Electoral Commission as the first respondent and registered voter John Lubowa Kilimiro as the second respondent.
Lawyers Asuman Nyoyintono and Allan James Mwiiko represented the second respondent, while Patrick Wetaka and Hamid Lugoloobi appeared for the Electoral Commission.
At the start of proceedings, Wetaka informed the court that the Commission had not been aware of the petition, which is why they came to court late.
“We were not aware of the matter. We have just gotten to know it from other platforms,” Wetaka told the court.
Justice Kinobe questioned the explanation, asking why the Commission had not checked the Electronic Court Case Management Information System (ECCMIS), where the matter had been filed.
Luganda explained that the petition had been fixed for hearing on December 16 Tuesday, noting that summons had been signed only a day earlier.
“The petition has been fixed for today for hearing. We got summons signed yesterday, and we have effected service today. The respondents have not been able to respond, and we seek timelines for responding,” Luganda submitted.
He also raised a substantive issue regarding computation of time, pointing out that although the EC’s ruling was dated November 25, the petitioner only received it on December 9.
“Does this still stand?” Luganda asked, seeking clarification on when statutory timelines should begin to run.
Justice Kinobe invited the Electoral Commission to respond. Wetaka said the Commission had no objection: “We begin counting the days right from the date they received the ruling.”
The judge ruled that the issue was settled and turned to the question of timelines for filing responses.
Nyoyintono, appearing for the second respondent, requested three days to file a response. “We would pray for three days,” he said.
Justice Kinobe directed that the Electoral Commission be given only one day to reply, prompting Lugoloobi to protest the tight schedule.
“We have many petitions to handle. A day will not be enough,” Lugoloobi argued.
In his ruling, Justice Kinobe maintained the compressed timelines, stressing 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 arises from the Electoral Commission’s decision to disqualify Walukaga from contesting for the Busiro East parliamentary seat, on grounds that he lacked the requisite minimum academic qualifications. 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.
According to Chapter 4(1c) of the Parliamentary Elections Act, 2005, any person vying for the parliamentary seat must have completed a minimum formal education of Advanced Level standard or its equivalent.
Mr Walukagga stated that his academic documents are authentic and valid making him eligible to contest for the race as per the law there, noting they were certified by the NCHE after a series of updates.
The musician turned politician further revealed that he is currently pursuing a bachelor’s degree in public administration and management from St Lawrence University after he used the same documents for admission.
“When you say that my certificate is invalid, do you want to say that I am at school illegally? When I was nominated, I presented these same documents, and they were accepted. Why are they saying that my certificates have expired now? This was a political decision, but we are heading to the High Court to seek a meaningful legal decision,” he said.
The EC’s decision has attracted mixed reactions and stirred debate, with some commentators arguing that it is a move by the regime to eliminate opposition candidates, especially members of NUP.Walukagga’s troubles started when a voter in the constituency petitioned EC.
Walukagga, a first-time contender, beat seasoned politician and lawyer and incumbent MP Medard Sseggona in NUP party primaries.
Sseggona, who publicly expressed dissatisfaction with the process, opted to seek re-election as an independent candidate.
The development dramatically reconfigures the contest and is likely to trigger political fallout within NUP, whose internal processes had already sparked friction in the constituency. It is not yet clear whether NUP will put its weight behind Emmanuel Magoola Matovu ,an independent but NUP-leaning candidate or Ssengoona. Also in the race are; Engineer Nakate Lilian (Ind) ,Nasolo Irene(Ind) ,
NRM’s Abdul Kiyimba,Kangave Fred, Banji Fatuma of the Alliance for National Transformation (ANT),Kalungi Masmuus, among others — making Busiro East one of the most crowded political arenas in the district.