News
Court confirms Twinomujuni duly elected Mbarara District Woman MP
Ayebare wanted Twinomujuni removed from Parliament, citing lack of academic qualifications and failure by the Electoral Commission (EC) to comply with electoral laws during the elections.
High Court judge Tom Chemutai ruled that the court had no jurisdiction to hear the petition on academic qualifications. (File photo)
By: Farooq Kasule, Journalist @New Vision
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The High Court in Mbarara has dismissed an election petition in which Margeret Ayebare sought to unseat Mbarara District Woman Member of Parliament (MP) Loydah Kyarikunda Twinomujuni.
Ayebare wanted Twinomujuni removed from Parliament, citing lack of academic qualifications and failure by the Electoral Commission (EC) to comply with electoral laws during the elections.
But in a judgment delivered on Monday, October 26, 2026, High Court judge Tom Chemutai ruled that the court had no jurisdiction to hear the petition on academic qualifications. He said it was a pre-polling matter that the EC should have resolved before voting.
“This court lacks the jurisdiction to entertain this petition grounded on questionable academic papers of the 1st respondent (Twinomujuni), which is a pre-polling issue. The petitioner should have filed a complaint to the 2nd respondent (EC) followed by an appeal to the High Court if she was aggrieved with the decision made by the 2nd respondent. The petition is hereby dismissed with costs,” Justice Chemutai ruled.
Citing the 2020 decision in Fred Zzimula Kasirye versus Francis Kabaka Bazigatirawo and EC, the judge said that in enacting Section 15 of the Parliamentary Elections Act, Parliament intended all disputes arising before or during nominations and before voting to be finally resolved before election day.
Though he dismissed the petition on jurisdiction, Justice Chemutai went on to find that Twinomujuni was more than qualified since she holds a Masters Degree and a Bachelor's degree, both higher than the “A” level standard.
“This court finds that the 1st respondent was duly qualified to stand as an MP since she had the highest academic qualifications and, therefore, was validly elected as Woman MP for Mbarara District,” he ruled.
During the hearing, Twinomujuni told court that for her nomination she presented a Diploma in Palliative Care from Makerere University, a Diploma in General Nursing from Aga Khan University, a Bachelor's Degree in Public Health and a Master's Degree in Public Health from Roehampton University in South Africa.
Citing the 2020 decision in Fred Zzimula Kasirye versus Francis Kabaka Bazigatirawo and EC, the judge said that in enacting Section 15 of the Parliamentary Elections Act, Parliament intended all disputes arising before or during nominations and before voting to be finally resolved before election day.
Though he dismissed the petition on jurisdiction, Justice Chemutai went on to find that Twinomujuni was more than qualified since she holds a Masters Degree and a Bachelor's degree, both higher than the “A” level standard.
“This court finds that the 1st respondent was duly qualified to stand as an MP since she had the highest academic qualifications and, therefore, was validly elected as Woman MP for Mbarara District,” he ruled.
During the hearing, Twinomujuni told court that for her nomination she presented a Diploma in Palliative Care from Makerere University, a Diploma in General Nursing from Aga Khan University, a Bachelor's Degree in Public Health and a Master's Degree in Public Health from Roehampton University in South Africa.
Ayebare, however, had only based her case on Twinomujuni’s enrolled nursing academic transcript and her Uganda Certificate of Education (UCE) transcript.
The law
Under the law, a person qualifies to stand as an MP in Uganda if they have attained an Advanced (“A”) level standard or its equivalent as determined by the Uganda National Council for Higher Education.
However, Section 15 (2) and (4) of the Parliamentary Elections Act requires any candidate or voter, who disputes another candidate’s academic qualifications to lodge a complaint with the EC before polling for determination.
Where the complainant is aggrieved by the EC’s decision, they may appeal to the High Court, which has the final say before polling. If the appeal succeeds, the court can order the candidate’s denomination before polling day.
The law
Under the law, a person qualifies to stand as an MP in Uganda if they have attained an Advanced (“A”) level standard or its equivalent as determined by the Uganda National Council for Higher Education.
However, Section 15 (2) and (4) of the Parliamentary Elections Act requires any candidate or voter, who disputes another candidate’s academic qualifications to lodge a complaint with the EC before polling for determination.
Where the complainant is aggrieved by the EC’s decision, they may appeal to the High Court, which has the final say before polling. If the appeal succeeds, the court can order the candidate’s denomination before polling day.