Mao retains DP presidency as Mbarara court rejects challenge

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The High Court of Uganda sitting in Mbarara on Monday, September 8, 2025, dismissed a petition filed by Democratic Party (DP) leaders seeking to overturn Norbert Mao's election as the party’s president general and challenge the legitimacy of 53 other leaders appointed until 2031.

The petition, submitted by DP leaders who have been in hiding for months, alleged irregularities and procedural flaws in the party’s delegates conference convened at Asamar Resort Gardens in Ruti Mbarara on May 31 this year.

Mao, declared the winner by DP electoral committee management chairperson Kennedy Mutenyo, with 969 votes, defeated his closest rival, Buikwe South MP Micheal Bayigga Lulume, who received 339 votes. DP vice president for northern Uganda, Alitia Elia, came last with 52 votes. Mao continues to lead the 71-year-old party.

The applicants filed a judicial review to address legal issues surrounding the election of party leaders for the period 2025–2031.

The court, presided over by Judge Allan Paul Nshimye, ruled in Mao’s favour, declaring the petition lacked merit and dismissing it.

DP president general, Nobert Mao speaking to DP electoral management committee chairperson Keneddy Mutenyo after addressing journalists at Balintuma (Photo by Isaac Nuwagaba)

“This application is thus premature since internal mechanisms were not exhausted,” Nshimye said.

“In conclusion, the preliminary objections that have been upheld in this case render this application dismissible. I therefore order that the application is dismissed,” he ruled.

The judge also ordered the applicants to pay all costs to the respondents, including Kennedy Mutenyo, DP national organising secretary Herbert Rutagwera, DP national chairman Dr Mayambala Kiwanuka Ssempala, and the Electoral Commission.

Petitioners, including DP members Edith Byanyima, Julius Ddumba, and Henry Lameck Kasozi, alleged that the delegates conference was a sham, leaving influential DP leaders ousted from elective positions. Among those affected were Bukoto Central MP Eng Richard Sebamala and Buikwe South MP Dr Micheal Bayigga Lulume, who subsequently joined the newly formed Peoples’ Front for Freedom (PFF).

Byanyima, daughter of former DP chairman Boniface Byanyima, disputed the manner in which delegates were identified, arguing that no elections were held in her area to confirm Mao’s election for a fourth term.

Grounds for Dismissal

Judge Nshimye highlighted that the respondents raised multiple preliminary objections, including that the application was statute-barred, the applicants lacked sufficient interest, internal remedies were not exhausted, the application was not served on time, and no cause of action was disclosed against the Electoral Commission.

“Several impugned party decisions or amendments occurred well outside the three-month window for judicial review applications, with the applicants providing inadequate evidence for extending time,” he added.

The court also found that the applicants failed to provide proof of party membership, making their locus standi questionable.

Defence lawyer Justine Semuyaba of Semuyamba, Iga & Co Advocates, stated that the judgment reinforces the principle that internal and statutory dispute resolution mechanisms must be exhausted before courts consider judicial review applications in political party affairs.

Advocate Hannington Lugolobi of the Electoral Commission legal department noted that some claims referred to resolutions from the DP National Delegates Conference held in September 2020 at Sir Samuel Baker School, Gulu, but the resolutions were not attached to the applicants’ affidavits.

“I am of the firm belief that if any resolutions were made in September 2020, then challenging the decision-making process leading to those resolutions ought to have been done within three months, which clearly was not done,” Lugolobi said.

The presiding judge observed that the petitioners failed to provide sufficient evidence to substantiate their claims, with allegations largely based on hearsay and speculation, which could not invalidate Mao’s election.

According to Lugolobi, Mao’s reinstatement provides stability and clarity, allowing the DP to focus on its core mission of promoting democracy and good governance in Uganda.

Dr Micheal Garukande Kiganda, lecturer of public policy and governance, added that the ruling brings to an end a chapter of uncertainty within the DP.

“With Mao firmly at the helm, the party can now focus on rebuilding and strengthening its grassroots support,” Garukande said.