KAMPALA.
The High Court in Kampala has dismissed an election appeal by Lwemiyaga County MP Theodore Ssekikubo against the nomination of ruling National Resistance Movement flag-bearer Brig Gen Emmanuel Rwashande, citing late filing.
In a ruling delivered on January 6, 2026, Justice Joyce Kavuma dismissed Miscellaneous Application No. 1124 of 2025, in which independent candidate Ssekikubo sought to validate and regularize his appeal against an Electoral Commission(EC) decision upholding Rwashande’s nomination.
“The petition filed by the applicant vide Electoral Petition Appeal No.0014 of 2025 is hereby struck out as the court lacked jurisdiction to extend or validate time where the law does not expressly permit it,” Justice Kavuma ruled on Tuesday.
The dispute arose after Rwashande was nominated to contest the Lwemiyaga Constituency parliamentary seat in Sembabule District, a seat Ssekikubo has held for 25 years.
In his petition, Ssekikubo requested certified copies of the former soldier’s nomination file from the Electoral Commission, which the veteran MP received on November 7, 2025.
After reviewing the documents, he petitioned the Commission on November 14, 2025, alleging that Rwashande’s nomination was irregular, including claims that he lacked the required qualifications and minimum number of supporters.
The Commission heard the petition on November 18 and on December 3, 2025 dismissed the challenge, upholding Rwashande’s nomination.
Dissatisfied, Ssekikubo filed an election appeal in the High Court on December 11, 2025, alongside a separate application seeking validation of the appeal, arguing it had been filed out of time. He claimed he only became aware of the Commission’s ruling on December 8, 2025, after it circulated on social media, accusing the Commission of delaying communication.
The respondents, the Electoral Commission, Brig Gen Rwashande, and electoral officer Gracious Aryaija, opposed the application, stating that the ruling had been duly served on Ssekikubo’s lawyers on December 3, 2025, and that the appeal was filed beyond the strict five-day period provided under the Parliamentary Elections (Interim Provisions) (Appeals to the High Court from Commission) Rules.
Justice Kavuma agreed, noting that election appeals are governed by a special legal regime imposing mandatory timelines that courts cannot extend.
“The use of the word ‘shall’ in Rule 5 is mandatory, and in the absence of strong reasons, the petitioner could not ask the court to ignore the error,” she said, stressing that electoral matters require expeditious handling.
On the claim of delayed service, the court found that Ssekikubo’s lawyers received the ruling on the day it was delivered.
“It is the finding of this Court that the 1st respondent served the applicant’s lawyers on 03/12/2025 when the ruling was delivered and that service was effective. Thus, time began to run from 03/12/2025,” Justice Kavuma held.
The judge also faulted Ssekikubo for failing to demonstrate diligence in pursuing his appeal.
“The Court is not persuaded that the applicant was a vigilant intending appellant,” she said.
The court dismissed the application, struck out the appeal, and ordered each party to bear its own costs, citing the public importance of electoral litigation and the need not to unduly deter parties from seeking judicial redress.
With the decision, the High Court has cleared the path for a high-stakes contest between Ssekikubo and Rwashande, who will now face off directly in Lwemiyaga on January 15. Ssekikubo first attempted to block Rwashande’s candidature during the NRM primaries before petitioning the EC and later court . It remains to be seen whether Ssekikubo will defend his seat in January 15 polls or will be kicked out .