High Court in Kampala has dismissed an election appeal by Lwemiyaga County lawmaker Theodore Ssekikubo, ending his attempt to block the nomination of Brig. Gen. Emmanuel Rwashande.
Justice Joyce Kavuma ruled that Ssekikubo failed to file his challenge within the mandatory statutory timelines, leaving the court without the jurisdiction to validate the petition.
The ruling, delivered in response to Miscellaneous Application No. 1124 of 2025, sought to revive an appeal against an Electoral Commission decision. The commission had previously upheld Rwashande’s nomination for the Lwemiyaga seat ahead of the Jan. 15 general elections.
Ssekikubo contended that he had sufficient cause for the late filing. He argued the Electoral Commission delayed communicating its decision and that he only discovered the outcome via social media on Dec. 8.
However, Kavuma found that the commission had officially served Ssekikubo’s legal team on Dec. 3, the same day the ruling was issued.
The court found that the first respondent served the applicant’s lawyers on Dec. 3 and that service was effective, Kavuma held. She noted that the legal clock began ticking the moment the documents were delivered to his counsel.
Under the Parliamentary Elections Rules, any appeal must be filed within five days of a commission decision. Kavuma emphasized that the use of the word “shall” in the statute makes the timeline mandatory, describing election disputes as a special breed of litigation where time is of the essence.
The judge further noted that Ssekikubo failed to demonstrate the level of vigilance required for pre-election disputes. She pointed out that he waited nearly two weeks to follow up on the ruling, an interval the court found inexcusable.
Kavuma also clarified that the court has no power to extend or validate time limits fixed by law. She noted that judges cannot hide under equitable or inherent jurisdiction when a statute provides no such flexibility.
While the court struck out the appeal and dismissed the application, Kavuma ordered each party to bear its own costs. She noted that because electoral litigation is a matter of great national importance, costs should not be used to deter citizens from seeking judicial redress.
