The High Court in Kabale has dismissed an election petition filed by Forum for Democratic Change (FDC) candidate James Owebeyi challenging the election of Bukimbiri County Member of Parliament Eddie Kwizera Wa-Gahungu, ruling that the petitioner failed to establish his legal standing to challenge the results.
In a judgment delivered electronically on Monday, October 19, 2026, Justice Lubega Farouq found that Owebeyi had failed to prove that he was a Ugandan citizen at the time of his nomination, a constitutional requirement for eligibility to contest for Parliament.
The judge ruled that Owebeyi consequently lacked the legal standing, or locus standi, to maintain the election petition.
Owebeyi had challenged the results of the January 15, 2026 general elections, arguing that the Electoral Commission unlawfully removed his name from the voters’ register on polling day, preventing him from voting at Nyabaremura Polling Station in Rubuguri Town Council, Kisoro District.
He further alleged that the removal of his name amounted to non-compliance with electoral laws and substantially affected the election outcome.
However, the Electoral Commission, through its Head of Legal, Eric Sabiti, told the court that verification of Owebeyi’s particulars in records maintained by the National Identification and Registration Authority (NIRA) indicated that he was classified as a presumed citizen rather than a confirmed Ugandan citizen.
The Commission argued that Owebeyi had failed to provide evidence establishing his citizenship, which is a constitutional requirement for parliamentary candidates.
Justice Lubega observed that the petitioner did not present evidence to rebut the Commission’s position regarding his citizenship status.
The judge also found that key documents Owebeyi relied on to establish the validity of his nomination, including his nomination papers and a copy of the Uganda Gazette, were uncertified public documents and therefore had to be expunged from the court record.
The court consequently ruled that Owebeyi had failed to prove that he was validly nominated to contest for the Bukimbiri County parliamentary seat.
The judge held that once a petitioner’s legal standing to institute an election petition has not been established, the court cannot proceed to determine the remaining issues raised in the case.
The ruling therefore did not determine the substantive allegation that the removal of Owebeyi’s name from the voters’ register affected the election results.
According to results cited in the judgment, Kwizera was declared the winner with 14,761 votes, followed by National Resistance Movement (NRM) candidate Asigario Turyagyenda with 12,553 votes, while Owebeyi received 102 votes.
Despite dismissing the petition, Justice Lubega directed each party to bear its own legal costs, noting that the case raised a constitutional issue concerning a candidate’s right to vote and involved matters of political and national importance.
The judge said the decision on costs was intended to promote harmony and reconciliation.
The petition had been filed against Kwizera and the Electoral Commission.
