KAYUNGA, UGANDA — The High Court in Mukono has ruled that an election petition challenging the victory of Nazigo Town Council chairperson Shaban Kayemba could not proceed because it was not served within the statutory seven-day deadline.
Justice Godfrey Himbaza delivered the ruling on September 18, 2026, after considering a preliminary objection raised by Kayemba and the Electoral Commission.
The court found that Tonny Mukisa Kasule’s petition, which sought to overturn Kayemba’s election, was filed on June 1, 2026, but the respondents were not served until June 12 — eleven days later.
Under Section 153 of the Local Government Act, the petition and notice of its presentation were required to be served within seven days of filing.
Kasule’s lawyer, Chris Malinga Mbaga, argued that the seven-day period should instead have been calculated from June 10, when the notice of presentation was uploaded and signed by the deputy registrar.
The court rejected that argument.
Justice Himbaza said the notice was required to be effected within seven days from the date the petition was filed, rather than from the date it was subsequently signed by a judicial officer.
The judge also faulted the petitioner’s counsel for failing to file the petition and notice of presentation together.
“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,” Justice Himbaza said.
The judge cited the 2021 Supreme Court decision in Robert Kyagulanyi Ssentamu v Yoweri Museveni, which established that electoral timelines are strict and cannot be extended by courts.
As a result, the High Court struck out Kasule’s petition and maintained Kayemba, the NRM candidate, as the duly elected chairperson of Nazigo Town Council according to the Electoral Commission’s declaration.
