By Leonard Kamugisha Akida,
KAMPALA
The High Court in Kampala has dismissed a petition filed by National Unity Platform (NUP) flag bearer Mathias Walukaga, challenging his disqualification from the Busiro East parliamentary race.
Walukaga had petitioned court contesting a decision by the Electoral Commission (EC) barring him from contesting for the Busiro East County seat, currently held by Medard Lubega Ssegona.
On November 25, the EC disqualified Walukaga after finding that he did not meet the minimum academic qualifications required for nomination. The decision followed a complaint by a voter, John Lubowa Kilimiro, who alleged that Walukaga lacked the requisite academic credentials.
The EC found that the mature age aptitude test certificate which Walukaga submitted, obtained from the Islamic University in Uganda (IUIU) on June 12, 2023, had expired on June 12, 2025, two years after issuance.
Walukaga challenged the decision, arguing that the certificate had been equated by the National Council for Higher Education (NCHE) on June 11, 2025. He further told court that he enrolled at St. Lawrence University Kampala in 2023 to pursue a Bachelor of Public Administration and was awaiting graduation next year.
However, the EC maintained that by the time of nomination, the certificate had already expired and therefore did not meet the constitutional and statutory requirements for nomination to Parliament.
In a ruling delivered on Sunday, High Court Judge Simon Peter Kinobe dismissed the petition, holding that while the NCHE has the mandate to equate academic qualifications, it is the constitutional and statutory responsibility of the EC to determine whether a candidate meets nomination requirements at the time of nomination.
Justice Kinobe noted that the court examined Walukaga’s documents and established that the certificate had expired months before the nomination date of October 23.
“From the above timeline, I note that the petitioner’s only qualification had expired by nomination date, rendering both the certificate and NCHE equivalence invalid,” the judge ruled.
The court dismissed the case without awarding costs to either party, citing public interest.
“I decline to award the respondents costs because this petition raised an issue of public importance and one that has not been tested by our legal jurisprudence,” Justice Kinobe said, ordering each party to bear its own costs.
