High Court Upholds Disqualification of Makindye Mayoral Aspirant

The High Court in Kampala has dismissed an application filed by former Makindye Division mayoral aspirant Semata Geoffrey Edu, who sought judicial review of the Electoral Commission’s decision to disqualify him from the recent mayoral race.

Semata was among nine candidates barred from contesting after the Electoral Commission found that they had failed to meet the nomination requirements, including submitting the requisite number of supporter signatures.

The disqualification of the nine candidates left National Resistance Movements flag bearer Yasin Omari as the sole validly nominated candidate, leading to his election unopposed as Mayor of Makindye Division.

Following his disqualification, Semata petitioned the High Court, arguing that the Electoral Commission had acted illegally and unfairly by removing him from the race without allowing him to be heard. He asked the court to declare the Commission’s decision irrational, unlawful, and inconsistent with established legal procedures.

However, the Electoral Commission, through Makindye Electoral Area Returning Officer Jennifer Kyobutungyi, opposed the application. The Commission argued that judicial review was not the appropriate legal avenue and that Semata should instead have exercised his statutory right of appeal before the High Court if he was dissatisfied with the decision.

In a ruling delivered by Justice Boniface Kavuma, the court agreed with the Electoral Commission’s position, finding that Semata had failed to demonstrate exceptional circumstances that would justify judicial review instead of an appeal.

The judge noted that the law provides an adequate right of appeal for aggrieved candidates and that Semata had not explained why he chose to pursue judicial review rather than the available appellate process. As a result, the court declined to intervene and dismissed the application without awarding costs to either party.

Justice Kavuma also rejected Semata’s argument that he had been denied a hearing before being disqualified. The court found that the candidate had been informed of a complaint lodged against him by Yasin Omari and was invited to submit a written response.

According to the ruling, Semata filed a written defence, which was considered by the Electoral Commission before a decision was made. The judge emphasised that the right to be heard does not necessarily require an oral hearing and that written submissions can satisfy the requirements of procedural fairness.

The court further observed that administrative bodies such as the Electoral Commission are not bound to follow the same procedures as courts of law, provided affected parties are given a fair opportunity to respond to allegations against them.

Justice Kavuma concluded that Semata had been afforded an adequate opportunity to present his case and that no procedural irregularity had been established to warrant the court’s intervention

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