Court of Appeal asked to nullify Kajara MP’s election
Ahabwe wants the appellate court to overturn a judgment delivered by Mbarara High Court Judge Tom Chemutai on October 12, 2026, which dismissed the election petition challenging Tukahirwa’s eligibility to contest in the January 15, 2026, general elections.
Court of Appeal asked to nullify Kajara MP’s election
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Former Kajara County parliamentary candidate Venansio Ahabwe has petitioned the Court of Appeal challenging a High Court decision that upheld the election of James Hunter Byenjeru Tukahirwa as Member of Parliament for Kajara County in Ntungamo district.
Ahabwe wants the appellate court to overturn a judgment delivered by Mbarara High Court Judge Tom Chemutai on October 12, 2026, which dismissed the election petition challenging Tukahirwa’s eligibility to contest in the January 15, 2026, general elections.
In his memorandum of appeal, Ahabwe argues that the trial judge erred in law and fact when he found that Tukahirwa was not disqualified from contesting for the parliamentary seat despite having been demoted from his position in the public service by the Leadership Code Tribunal.
The dispute centres on Section 49(7) of the Leadership Code Act, which bars a leader or public officer dismissed or removed from office following a decision of the Leadership Code Tribunal from holding any public office, whether appointive or elective, for five years from the date of dismissal or removal.
Ahabwe contends that Tukahirwa’s demotion by the tribunal in April 2022 amounted to removal from office and consequently disqualified him from contesting for an elective position within the five-year restriction period.
According to the petitioners’ case, Tukahirwa was previously employed as a Senior Assistant Secretary in the Ministry of Health before facing disciplinary proceedings before the Leadership Code Tribunal in 2022 over the misuse of two government vehicles.
On April 26, 2022, the tribunal ordered his demotion under Section 12B(4) of the Leadership Code Act.
However, on May 26, 2022, Tukahirwa applied for early retirement from public service before the expiry of the 30-day period communicated by the tribunal’s registrar for implementation of the decision.
The Ministry of Public Service subsequently cleared him for early retirement, indicating that implementation of the tribunal’s decision had been overtaken by events.
The petitioners challenged the retirement process, arguing that it was irregular and that Tukahirwa had left the public service before the tribunal’s disciplinary decision could be implemented.
However, Tukahirwa maintained that the EC had properly handled the complaint and issued its determination on December 15, 2025, after receiving submissions from the parties.
His lawyers argued that Ahabwe and his co-petitioner, Deus Muhwezi, ought to have challenged the commission’s decision through an appeal to the High Court rather than raising the same matter in an election petition.
In his judgment delivered on October 12, 2026, Justice Chemutai agreed with the respondent’s position, finding that the petitioners ought to have appealed the EC’s determination.
On the question of whether Tukahirwa’s demotion disqualified him from contesting, the judge distinguished between demotion and dismissal, noting that the two disciplinary outcomes had different legal implications.
Citing Black’s Law Dictionary, Eighth Edition, Justice Chemutai explained that demotion involves reducing an employee’s rank, job title, responsibilities or remuneration within an organisation, while dismissal refers to officially removing someone from employment.
The judge noted that although the Leadership Code Tribunal had ordered Tukahirwa’s demotion, he had not been dismissed from public service.
Instead, he remained an employee until he applied for early retirement, which was subsequently approved by the Ministry of Public Service.
Justice Chemutai acknowledged that the ministry’s decision to clear Tukahirwa for early retirement was tainted with irregularity because it was made despite the existence of the tribunal’s disciplinary decision.
However, he ruled that the irregularity was insufficient to establish that Tukahirwa had been dismissed or removed from office within the meaning of Section 49(7) of the Leadership Code Act.
Tukahirwa won the January 15, 2026, elections with 25,129 votes, while Muhwezi obtained 17,037 votes and Ahabwe polled 2,525 votes.
In his appeal, filed through J. Byamukama and Company Advocates, Ahabwe raises four grounds challenging the High Court judgment.
He faults the trial judge for holding that Section 49(7) of the Leadership Code Act did not apply to Tukahirwa’s demotion by the tribunal.
Ahabwe also argues that the judge erred in finding that he ought to have appealed the EC's decision regarding the pre-polling complaint against Tukahirwa.
Another ground challenges the judge’s finding that although Tukahirwa’s clearance for retirement was tainted with irregularity, it did not constitute dismissal from public office.
“The learned trial Judge erred in law and fact in holding that the 1st respondent’s clearance for retirement was tainted with irregularity, but did not constitute dismissal from office,” reads one of the grounds of appeal. The appellant has also faulted the judge for awarding costs against him.
Ahabwe wants the Court of Appeal to allow the appeal, set aside the High Court judgment and declare that Tukahirwa was not qualified for nomination as Member of Parliament for Kajara County Constituency because of his demotion by the Leadership Code Tribunal.
He is further seeking an order annulling Tukahirwa’s election and directing the EC to conduct a by-election in the constituency.
The appellant also wants Tukahirwa and the EC to jointly and severally meet the costs of the appeal and those of the proceedings in the lower court.
Tukahirwa is represented by Mujurizi and Tumwesigye Advocates, while the EC is represented by Sam Sserwanga and Company Advocates.
The appeal, registered as Election Petition Appeal Number 002 of 2026, arises from Election Petition Number 03 of 2026 before the High Court in Mbarara.