Court dismisses petition against Bukimbiri MP Kwizera’s election
“Therefore, I find that the petitioner (Owebeyi) lacked locus standi to contest the results of the election held on January 15, 2026, because he was not a validly nominated candidate,” Justice Lubega ruled.
The High Court in Kabale has dismissed a petition in which James Owebeyi challenged the election of Eddie Kwizera as the Bukimbiri County Member of Parliament. (File photo)
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The High Court in Kabale has dismissed a petition in which James Owebeyi challenged the election of Eddie Kwizera as the Bukimbiri County Member of Parliament in Kisoro District.
In a judgment delivered on October 19, 2026, Justice Farouq Lubega ruled that Owebeyi failed to prove that he was a Ugandan citizen at the time of his nomination.
“Therefore, I find that the petitioner (Owebeyi) lacked locus standi to contest the results of the election held on January 15, 2026, because he was not a validly nominated candidate,” Justice Lubega ruled.
Citing the 2022 Court of Appeal decision in the case of Ritah Nabadda versus Idah Erios Nantaba, the judge said that once a petitioner is found to lack locus standi, considering the other issues raised in the petition serves no useful purpose. A locus standi refers to the legal requirement that a claimant must have a sufficient interest or connection to a matter before they can bring judicial review proceedings or challenge a public authority's decision in court.
“Having carefully considered the issue of locus standi, and for the reasons stated herein, I find that the petitioner lacks the locus standi to file this petition. The petition is hereby dismissed,” Justice Lubega ruled.
Sabiti said Owebeyi’s name was deleted from the voters’ register after it was discovered that he did not meet the constitutional requirement of Ugandan citizenship, which qualifies a person to contest for Parliament.
He averred that when Owebeyi’s particulars were verified against the records of the National Identification and Registration Authority (NIRA), they bore the letter “P”.
“This showed him as a presumed citizen rather than a person whose Ugandan citizenship had been established in the relevant registration record,” Sabiti said.
Sabiti said that on discovering these facts, the EC revised and updated the voters’ register and deleted Owebeyi’s name.
NIRA records classify Owebeyi as a presumed Ugandan citizen. Under Ugandan law, presumed citizenship applies only to children aged not more than five years.
Article 11(1) of the Constitution provides that a child of not more than five years found in Uganda whose parents are not known shall be presumed to be a citizen of Uganda by birth.
Under Article 80(1) of the Constitution, a person is qualified to be a <Member of Parliament if that person is a citizen of Uganda.
Owebeyi argued that he filed the petition as a candidate who lost the election, having been duly nominated to contest for the seat. He said his name was missing from the voters’ register on polling day, which prevented him from voting.
In his petition, he argued that the EC’s removal of his name from the register on polling day effectively eliminated him from participating in the election.
He said this amounted to non-compliance with electoral laws that substantially affected the outcome of the results.