Electoral Commission Asks Court to Keep Walukagga Off 2026 Ballot

The Electoral Commission (EC) has defended its decision to cancel the candidature of Mathias Walukagga, insisting that he did not meet the minimum academic qualifications required to contest for the Busiro East parliamentary seat.

In an affidavit in reply filed before the Civil Division of the High Court in Kampala— a copy of which has been accessed by Our Reporter—the Commission maintains that Walukagga lacked the requisite academic qualifications at the time of nomination, contrary to the provisions of the Parliamentary Elections Act.

The affidavit was sworn by Abubaker Kayondo, a Legal Officer at the Electoral Commission, in response to Walukagga’s appeal challenging the Commission’s decision to nullify his nomination.

Kayondo states that the mature age entry certificate presented by Walukagga for nomination had expired by October 23, 2025, the date on which he was nominated.

He adds that upon evaluation of the evidence and submissions presented during proceedings before the Commission, it was established that Walukagga did not satisfy the minimum formal education requirements prescribed under Section 4(1)(c) of the Parliamentary Elections Act.

The Electoral Commission further argues that it acted within its constitutional and statutory mandate. According to the affidavit, the Commission is empowered under Article 61(1)(f) of the 1995 Constitution and Section 15 of the Electoral Commission Act to hear and determine complaints relating to a candidate’s qualifications prior to nomination.

“The Commission had the authority to inquire into whether Mr Walukagga Mathias possessed the required academic qualifications prior to his nomination,” Kayondo states.The Electoral Commission has asked the court to dismiss the appeal with costs and to uphold its decision. The response, which was submitted electronically, comes as the High Court prepares to deliver its judgment in the matter on Monday, December 22, 2025.

Earlier this week, Justice Simon Peter Kinobe fixed the judgment date after hearing submissions from all parties and issuing strict timelines for the filing of responses and rejoinders, citing the urgency of the electoral calendar.Walukagga, the National Unity Platform (NUP) flag bearer for Busiro East, filed the appeal through his lawyers Alex Luganda, Erias Nalukoola, Jonathan Erut, and Aua Napala. The Electoral Commission is the first respondent, while voter John Lubowa Kilimiro—who initially petitioned the Commission to challenge Walukagga’s nomination—is the second respondent.The appeal arises from a decision by the Electoral Commission to cancel Walukagga’s nomination following Kilimiro’s complaint challenging his academic qualifications. The Commission heard the complaint over several sittings in November before reaching its decision.

Under Ugandan law, a person seeking nomination as a Member of Parliament must possess a minimum of an Advanced Level certificate or its equivalent.

In his appeal, Walukagga argues that the Commission acted without jurisdiction, contending that his academic qualifications had already been equated and verified by the National Council for Higher Education (NCHE) in collaboration with the Uganda National Examinations Board (UNEB).

Walukagga maintains that he was duly nominated on October 23, 2025, on the basis of a mature age entry certificate issued by the Islamic University in Uganda in June 2023. He argues that although such certificates are ordinarily valid for two years, his was used within that period to enrol for further studies, a fact he says preserves its validity.

He further states that in June 2025, NCHE equated his mature age entry qualification to Advanced Level standard and issued him with a certificate confirming completion of formal education at that level, which formed the basis of his nomination.

However, the Electoral Commission insists that despite the NCHE documentation, the certificate presented for nomination had expired and did not meet the legal threshold at the time of nomination.

Justice Kinobe directed during the previous session that the judgment would be delivered electronically through the court’s Electronic Case Management Information System (ECCMIS), and parties were advised against returning to court for a physical ruling.

The High Court’s decision is expected to determine whether Walukagga’s name will be reinstated on the ballot as the country heads to the polls on January 15, 2026, to elect Members of Parliament and the President of Uganda.