Budiope East MP race: Why court dismissed Magogo challenger’s petition

__________________

Former police officer Daniel Mulirire will have to wait for the next general elections to make another attempt at the Budiope East parliamentary seat in Buyende district after the High Court on January 9, 2026, dismissed his pre-election petition challenging his denomination from the race by the Electoral Commission (EC).

Although several candidates are contesting the seat, Mulirire has been the main challenger to incumbent Member of Parliament Moses Magogo. Other candidates include Stephen Bangalana, Robinson Peere and Resty Nsiro, who are also facing complaints over alleged forged signatures, procedural irregularities and insufficient nominators.

Mulirire petitioned the High Court after the EC denominated him for failure to present proof of resignation from the Police Force at the time of nomination. The former officer sought court orders compelling the EC to reinstate him on the ballot paper.

In a ruling delivered on Friday, High Court judge Simon Peter Kinobe upheld the EC’s decision, finding that Mulirire failed to provide cogent evidence of resignation during the hearing before the commission and was therefore rightly denominated.

“By not adducing cogent evidence of resignation at the time of the Electoral Commission hearing, the respondent (EC) rightly found that the petitioner did not comply with the condition precedent in section 4 (4) (a) of the Parliamentary Elections Act,” Justice Kinobe ruled.

Citing Article 80(4) of the Constitution and Section 4 (4) (a) of the Parliamentary Elections Act, which require public officers to resign at least 90 days before nomination, the judge held that Mulirire’s failure to provide proof of resignation justified the EC’s decision.

“I uphold the decision of the Electoral Commission denominating the petitioner on account of non-compliance with the mandatory condition in section 4 (4) (a) of the Parliamentary Elections Act,” Kinobe stated.

Justice Kinobe noted that while candidates are not required to attach resignation letters to their nomination documents, Mulirire failed to offer any satisfactory explanation for not presenting evidence of resignation during the EC hearing if such evidence indeed existed.

“I would have expected the petitioner to at least adduce affidavit evidence from the author of the impugned letter confirming its authenticity and source or provide a certified copy thereof. It would have been prudent for the petitioner to provide the court with a received copy of his letter seeking resignation in evidence, which he did not do,” the judge said.

He added that without proof of receipt of the resignation letter, the court could not invoke its inherent jurisdiction to order Mulirire’s reinstatement on the ballot paper.

“In the end, the petitioner has failed to discharge the requisite burden that at the time of nomination, he had resigned from public office. The denomination of the petitioner by the EC is upheld,” Justice Kinobe ruled.

Mulirire had relied on a resignation letter signed by Dora Aryatuha on behalf of the Inspector General of Police. However, Justice Kinobe found the letter insufficient, noting that it was uncertified and lacked the title and capacity of the author.

“This letter in the least should have been certified as a show of its authenticity,” the judge said.

Justice Kinobe further explained that for a resignation to be effective, a candidate must demonstrate that all requirements for acceptance had been met.

“This resignation letter should be stamped by the employer as proof of receipt and date of resignation to indicate fulfilment of the 90-day requirement,” he said.

The judge also distinguished the court’s role in pre-polling disputes from post-election petitions, noting that in appeals arising from EC decisions, the High Court exercises appellate jurisdiction limited to assessing whether the commission’s decision was justified in law and on the evidence before it.

Background

Mulirire was nominated by the EC on October 22 last year to contest for the Budiope East seat. On November 14, Ibrahim Yeko, a registered voter in the constituency, lodged a complaint with the EC seeking Mulirire’s denomination on grounds that he was still a serving police officer, having failed to prove that he resigned from the force 90 days before nomination.

On December 23, the EC denominated Mulirire after hearing the complaint. He subsequently petitioned the High Court seeking, among other remedies, reinstatement on the ballot paper.