The High Court in Kabale has dismissed an election petition challenging the election of Bukimbiri County Member of Parliament Eddie Kwizera Wa-Gahungu, ruling that the petitioner failed to prove his Ugandan citizenship and, consequently, his legal standing to challenge the results.
In a ruling delivered electronically on Monday, October 19, 2026, Justice Lubega Farouq held that Forum for Democratic Change (FDC) candidate James Owebeyi had failed to establish that he was a Ugandan citizen at the time of nomination, a requirement for contesting a parliamentary seat.
Owebeyi had contested the January 15, 2026 general elections and later petitioned the court, alleging that the Electoral Commission unlawfully removed his name from the voters’ register on polling day, preventing him from voting at Nyabaremura Polling Station in Rubuguri Town Council, Kisoro District.
He argued that the alleged removal amounted to non-compliance with electoral laws and affected the outcome of the election.
However, the Electoral Commission, represented by its Head of Legal, Eric Sabiti, told the court that checks with the National Identification and Registration Authority (NIRA) showed that Owebeyi was listed as a presumed citizen rather than a confirmed Ugandan citizen.
The Commission argued that Owebeyi had not presented sufficient evidence to establish his citizenship, a constitutional requirement for anyone seeking election to Parliament.
Justice Lubega agreed, noting that the petitioner had failed to produce evidence rebutting the Commission’s position.
The judge also found that key documents Owebeyi relied on to establish his nomination, including his nomination papers and a copy of the Uganda Gazette, were uncertified public documents and therefore had to be expunged from the court record.
The court consequently ruled that Owebeyi had failed to prove that he was validly nominated to contest the Bukimbiri County parliamentary seat.
Justice Lubega held that where a petitioner fails to establish locus standi—the legal standing to bring a case—the court cannot proceed to determine the other issues raised in the petition.
As a result, the court did not make a finding on whether the alleged removal of Owebeyi’s name from the voters’ register affected the election results.
According to results cited in the judgment, Kwizera was declared the winner with 14,761 votes, followed by National Resistance Movement (NRM) candidate Asigario Turyagyenda, who received 12,553 votes. Owebeyi polled 102 votes.
Although the court dismissed the petition against Kwizera and the Electoral Commission, Justice Lubega ordered each party to bear its own costs.
The judge explained that the case raised a constitutional question concerning a candidate’s right to vote and involved matters of political and national importance. He said the decision on costs was intended to promote harmony and reconciliation.