Headline: High Court Upholds EC Decision, Dismisses MP Nomination Appeal Over Expired Certificate
Kampala, December 21, 2025 – The High Court in Kampala has dismissed an election petition appeal filed by Walukaga Mathias, upholding the Electoral Commission’s decision to set aside his nomination for Member of Parliament representing Busiro East Constituency.
The ruling, delivered electronically by Hon. Justice Simon Peter M. Kinobe on December 21, 2025, centered on the validity of the petitioner’s academic qualification at the time of his nomination.
Court’s Findings
Justice Kinobe found that Walukaga Mathias’s mature age entry examination certificate had expired before his nomination. The court rejected an argument from the Islamic University in Uganda (IUIU), dated November 11, 2025, which suggested conditional validity if the certificate was used for further studies. The judge held that such a letter “cannot override the express legal framework.”
Based on this, the court concluded:
a)An expired certificate at the time of nomination cannot lead to a legitimate nomination.
b)The petitioner did not possess a valid academic qualification at the time of nomination.
c)His nomination was invalid and rightly set aside by the Electoral Commission (1st Respondent).
d)The Commission rightly “denominated” the petitioner.
Consequently, the court dismissed the petition and refused to grant the petitioner’s requests to be renominated or reinstated as a candidate.
A Matter of Public Importance
Despite the petitioner’s loss, Justice Kinobe declined to award legal costs to the successful respondents—the Electoral Commission and Lubowa John Kilimiro. The judge stated that the petition “raised an issue of public importance and one that has not been tested by our legal jurisprudence.” Therefore, all parties were ordered to bear their own costs.
Background
The petitioner, Walukaga Mathias, had appealed to the High Court under the Parliamentary Elections Act after the Electoral Commission communicated its decision to set aside his nomination on December 9, 2025.
The judgment clarifies the strict application of academic validity requirements in electoral nominations and establishes a legal precedent on the matter, which the court acknowledged as previously untested.
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