Court directs Electoral Commission on UPC executive committee term

__________________

Court has issued an order restraining the Electoral Commission (EC) from implementing a decision that will stop the Uganda Peoples’ Congress (UPC) from sponsoring candidates to be nominated for various elective positions, including Member of Parliament in the 2026 General Election.

The EC had ruled that the UPC’s executive committee expired on August 1, 2025, implying that no vacuum in party leadership would arise since the party constitution provides for the vice-president to assume interim leadership pending fresh elections.

Justice Bernard Namanya of the Civil Division of the High Court issued the directive on October 1, 2025.

He stopped the EC’s decision pending determination of a case filed by UPC and its former president, Jimmy Akena, against the EC.

“An interim order is hereby issued restraining the EC from implementing part of its decision in a letter dated September 22, 2025,” he ruled.

At the hearing of the application, UPC and Akena were represented by Davis Guma and Jonathan Odur, while the EC was represented by Eric Sabiiti.

Quoting Section 9 of the Political Parties and Organisations Act, the judge said the term of the executive committee of a political party shall not exceed five years.

However, in the case of UPC, the judge said the EC ruled that its executive committee expired on August 1, 2025. This, according to the judge, implies that without a legally constituted executive committee, UPC is unable to sponsor candidates to be nominated for the various elective positions.

“If the current status quo is maintained, there would be no executive committee to endorse nomination papers of UPC candidates,” Namanya noted.  

Accordingly, the judge agreed with the UPC lawyers that sponsoring UPC candidates to be nominated for the various elective positions for the 2026 General Election is likely to be jeopardised due to the lack of a valid executive committee.

The development comes a week after the EC ruled that Akena was ineligible to contest for the 2026 polls as a presidential candidate for disobeying court orders and not complying with the UPC party’s constitution.

“Akena’s nomination for the UPC party president’s office for the period 2025-2030 is illegal, null and void. Further, the nomination of Enap did not comply with Article 13 of the UPC party constitution,” Byabakama noted.

Byabakama said Akena was elected as UPC party president on July 1, 2015, which was challenged by Joseph Bbosa, Prof. Edward Kakonge and Isha Amiza Otto in the High Court.

Subsequently, on December 11, 2015, Justice Yasin Nyanzi, the then Civil Division of the High Court judge, quashed Akena’s election as the UPC party president.

Dissatisfied with the decision, UPC filed an appeal in the Court of Appeal (COA), challenging Nyanzi’s ruling.

On December 9, 2016, the then deputy chief justice Steven Kavuma issued an interim order staying execution of Nyanzi’s directives.

Based on the interim order, Akena continued to serve as UPC party president and served the full term of five years (2015 to 2020).

COA ruling

In 2020, the appellate court (COA) directed that the UPC party members conduct nominations and elect the party president in conformity with the UPC party constitution.

Following the ruling, senior lawyer Peter Walubiri, on December 17, 2020, organised a delegates’ conference in which he was elected party president. Akena did not participate in the delegates’ conference and remained in office in spite of the election.

Akena, Enap nominated

Byamukama states that on May 21, 2025, the party nominated two candidates: Akena and Enap, for the position of the party president in accordance with the UPC constitution.

However, Enap challenged Akena’s nomination in the courts of law and Justice Bernard Namanya of the Civil Division of the High Court ruled that his [Akena’s] nomination for the office of the UPC party president for the period 2025 to 2030 was illegal.

Justifying his decision, Namanya observed that Akena had served the two terms of office as UPC party president as enshrined in the party constitution.

Based on that decision, Byamukama stated that the court decision has not been stayed, and is binding to Akena.

He observed that section 10 of the Political Parties and Organisations Act was not fully complied with in effecting changes and alterations in the UPC party constitution, which forms the basis of Akena’s extended presidency for one year.

Delegates conference illegal

On July 25, 2025, Justice Joyce Kavuma of the Civil Division of the High Court also issued an order, stopping UPC and Akena from convening a delegates’ conference.

The judge issued the order following an application filed by a UPC member, Joseph Pinytek Ochieno.

However, Akena went ahead to convene a delegates’ conference the next day (July 26) despite a court order.

Byamukama stated that the convening of the said extra delegates conference did not comply with Articles 25 (2) and (3) of the UPC party constitution.

Accordingly, the EC concluded that Akena and Enap are not recognised as the UPC party’s presidential flag-bearer in law and fact.

“The party and all those concerned should comply with the party constitution and the subsisting court orders,” Byamukama advised.

Contempt of court orders

Through his lawyers from JByamukama and Company Advocates, Ochieno has since asked the court to fine Akena sh300m in damages for convening a delegates’ conference, despite a court order stopping the same.

Ochieno wants Akena and UPC to pay the money as a punishment to deter them from disobeying lawful court orders in future. He further seeks an order nullifying the resolutions, decisions or actions taken during the delegates conference.