By Kabuye Ronald
The High Court in Kampala has rejected a pre-election petition filed by Ivan Bwowe that sought to overturn the nomination of parliamentary candidates for Nakawa Division West ahead of the 2026 general elections. The court ruled that slight errors in the naming of the constituency on nomination forms were administrative in nature and did not affect the legal validity of the candidates’ nominations.
In his judgment, Justice Collins Acellam affirmed an earlier determination by the Electoral Commission, holding that the absence of the word “Division” on some nomination documents amounted to a correctable clerical mistake. The judge found that such an omission did not render the nominations invalid or disqualify any of the aspirants.
Bwowe had contended that his opponents were improperly nominated for a constituency referred to as “Nakawa West,” which he argued does not exist in law, instead of the officially gazetted Nakawa Division West. He asked the court to cancel their nominations and declare him the unopposed Member of Parliament. However, the court found that the Electoral Commission had addressed and corrected the naming issue during the nomination exercise, and that all candidates clearly intended to contest for the same constituency.
Justice Acellam noted that each aspirant submitted Control Forms indicating Nakawa Division West as the constituency and that campaign materials further demonstrated a shared understanding of the electoral area in question. He stressed that courts should focus on delivering substantive justice rather than elevating minor technical errors, warning that doing otherwise could disrupt the democratic process.
The court also observed that Bwowe himself had used the term “Nakawa West” on official paperwork and failed to raise objections at the appropriate time before either the Electoral Commission or the court. The ruling underscored that voters’ constitutional right to choose their leaders should not be compromised by procedural technicalities.
This decision mirrors the earlier position taken by the Electoral Commission, which dismissed Bwowe’s complaint after concluding that the naming inconsistency was insignificant and had been rectified. The Commission maintained that all candidates’ intentions to stand for election in Nakawa Division West were clearly documented and understood.
Those affected by the petition include the incumbent MP and Leader of the Opposition in Parliament, Joel Besekezi Ssenyonyi, along with Happy Nasasira, Herbert Anderson Burora, Felix Ephraim Okuye, Vincent Norbert Okumu, Wilberforce Kyambadde, and Rwamiti Apuuli. All remain duly nominated for the seat. Ssenyonyi had earlier explained that “Nakawa West” was merely a shortened reference and did not alter the constituency he was contesting.
With both the High Court and the Electoral Commission affirming the nominations, the candidates are now free to proceed with campaigns ahead of the January 15, 2026 general elections. The ruling highlights the judiciary’s stance on safeguarding electoral fairness and preventing minor administrative lapses from derailing legitimate democratic competition.
