Uganda High Court: Election Commission Has Jurisdiction Over Pre-Polling Nomination Disput

On October 26, 2026, the High Court of Uganda, in the case of Ayebare Margaret v Kyarikunda Loydah Twinomujuni and Another, ruled that pre-polling nomination disputes fall under the exclusive jurisdiction of the Electoral Commission and affirmed that higher academic degrees satisfy the qualification requirements for Members of Parliament. This decision, rendered in Election Petition 1 of 2026, provides crucial clarity on jurisdictional boundaries and candidate eligibility in Uganda's electoral framework.

This ruling carries substantial legal significance for electoral law practitioners, political aspirants, and the Electoral Commission itself. The jurisdictional clarification reinforces the principle of exhaustion of administrative remedies, mandating that initial challenges to candidate nominations before an election must first be addressed by the Electoral Commission. This approach aims to prevent premature judicial intervention and ensures that the body primarily responsible for election management handles initial disputes. Furthermore, the affirmation that higher academic degrees meet parliamentary qualification requirements provides certainty for candidates, removing ambiguity regarding the interpretation of statutory educational standards.

Electoral matters in Uganda are primarily governed by the Constitution of the Republic of Uganda, the Parliamentary Elections Act, and the Electoral Commission Act. The High Court of Uganda has jurisdiction to hear and determine election petitions, but its role is often appellate or supervisory after administrative processes have been exhausted. The Electoral Commission, established under Article 60 of the Constitution, is tasked with organizing and supervising elections, including the nomination process. The academic qualification for Members of Parliament is typically a minimum of an A-level certificate or its equivalent, as stipulated in the Parliamentary Elections Act, which the court has now interpreted to encompass higher academic degrees. The key parties involved are Ayebare Margaret, Kyarikunda Loydah Twinomujuni, and "Another," with the High Court of Uganda as the adjudicating body.

Attorneys advising political candidates or involved in election petitions in Uganda must meticulously adhere to the procedural timelines and jurisdictional rules established by this decision. Pre-polling nomination disputes must first be lodged with the Electoral Commission, exhausting that administrative avenue before seeking judicial review. Moreover, candidates possessing higher academic degrees can proceed with confidence that their qualifications will be deemed sufficient for parliamentary office, provided these degrees are genuinely obtained and recognized. This case underscores the critical importance of understanding the distinct and sequential roles of the Electoral Commission and the High Court in the electoral process.