The High Court of Uganda sitting in Kabale has dismissed a legal challenge over the Kabale District Council representative election to Kabale University Council, declaring the matter moot following a fresh election.
The consolidated case involved applicants Twesigye Leopold and Bagamuhunda Ronald, who had challenged the election of Tuyizere Verah Tumuhekyi as the district’s representative to Kabale University Council.
The applicants alleged that the District Speaker, Kanagizi Flavia Nyinakiiza, had improperly participated in the election process by voting while presiding over the council meeting, and that proper procedures under the Local Government Act and council rules were not followed.
During proceedings, the respondents, Kabale District Local Government and the elected representative, argued that the initial election had been rescinded, and a fresh election was conducted on October 13, 2022, following legal advice from the Attorney General to ensure compliance with proper procedure. Evidence from the council minutes confirmed the fresh election.
Justice Samuel Emokor noted that because the fresh election addressed the concerns raised in the initial application, the matter no longer presented a live dispute.
He ruled that it would be futile to issue orders in a case that had effectively been resolved.
However, the court ordered Kabale District Local Government to bear the costs of the application.
The judgment marks the end of a months-long legal dispute over the district’s representation on the university council and reinforces adherence to procedural rules in local government elections.
