Court confirms NRM’s Kayemba duly elected Nazigo town council chairperson
“The petition is hereby struck out for late service of the petition and the notice of presentation of the petition upon the respondents. The 1st respondent is hereby maintained as the duly elected chairperson of Nazigo Town Council, Kayunga District, as per the 2nd respondent’s (Electoral Commission) declaration on February 4, 2026,” Justice Himbaza ruled.
Citing Section 153 of the Local Government Act, Alex Chandia, David Oundo Wandera, Saviour Akuku and Robert Nazami, who represented the EC and NRM's Kayemba, said the petition and notice of presentation of the petition were required to be served within seven days after the petition was filed.
KAYUNGA - The High Court in Mukono district has confirmed National Resistance Movement (NRM) candidate Shaban Kayemba as the duly elected chairperson of Nazigo Town Council in Kayunga district after striking out an election petition challenging his victory.
In a ruling delivered on September 18, 2026, High Court judge Godfrey Himbaza declared Kayemba the validly elected chairperson after striking out a petition filed by Tonny Mukisa Kasule, who had challenged Kayemba's declaration as the winner.
“The petition is hereby struck out for late service of the petition and the notice of presentation of the petition upon the respondents. The 1st respondent is hereby maintained as the duly elected chairperson of Nazigo town council, Kayunga district as per the 2nd respondent’s (Electoral Commission) declaration on February 4, 2026,” Justice Himbaza ruled.
The ruling followed a preliminary objection raised by Kayemba and the Electoral Commission (EC), who asked the court to strike out the petition on grounds that it had been served outside the period prescribed by law.
Citing Section 153 of the Local Government Act, Alex Chandia, David Oundo Wandera, Saviour Akuku and Robert Nazami, who represented the EC and Kayemba, said the petition and notice of presentation of the petition were required to be served within seven days after the petition was filed.
However, they argued that Kasule served the petition 11 days after filing it.
Citing the Supreme Court decision in Robert Kyagulanyi Ssentamu versus Yoweri Museveni of 2021, Justice Himbaza stated that electoral timelines are strict and inflexible and that the court has no power to extend them.
Kasule's lawyer, Chris Malinga Mbaga, argued that while the petition was filed on June 1, 2026, the notice of presentation of the petition was uploaded and signed by the deputy registrar on June 10, 2026, and that time therefore started running from the date the notice was signed by the judicial officer.
However, Justice Himbaza said a notice of presentation of the petition was required to be effected within seven days from the date the petition was filed.
“I would put the blame on counsel for the petitioner. Electronic Court Case Management Information System (ECCMIS) shows that he filed the petition on June 1, 2026, and the notice of presentation of the petition was filed separately on June 10, 2026. He was not diligent enough. Had he filed the notice together with the petition on June 1, 2026, he would have been able to meet the timelines," Justice Himbaza said.