The High Court in Rukungiri has dismissed an election petition challenging the victory of Kinkiizi County West MP Niringiyimana Ruugi James Kaberuka, ruling that the petitioner should have raised his complaints about the candidate’s nomination before the election.
Justice Richard Wejuli Wabwire dismissed the petition filed by Rushokora Victor, who had challenged Kaberuka’s election in the January 15 parliamentary elections.
The court, in a ruling delivered on Tuesday, held that the petition was entirely based on alleged defects in Kaberuka’s nomination and that the complaints should have been lodged with the Electoral Commission before polling.
“The objection by the respondents is allowed. The petition is dismissed in its entirety,” Justice Wabwire ruled. He made no order as to costs.
Rushokora had obtained 125 votes in the election, while the Electoral Commission declared Mr Kaberuka the winner.
In his petition filed on April 1, Rushokora alleged that Kaberuka was not validly nominated on October 23, 2025, citing several alleged irregularities.
Among the complaints was that Kaberuka’s nomination papers were supported by eight registered voters instead of the 10 required by law. He also alleged that some national identification numbers and signatures did not match those of the named supporters.
Rushokora further challenged the signature of the candidate’s appointed agent and alleged that Kaberuka did not possess the required minimum academic qualification.
He also alleged that the O-Level certificate and a degree from Nkumba University presented during nomination were forged or had not been certified by the issuing institutions.
He questioned differences between the names appearing on Kaberuka’s national identity card and academic documents.
The Electoral Commission and the Kanungu District Returning Officer denied the allegations, telling court that Kaberuka had presented the required number of nominators, who were verified against the national voters’ register.
They also said the required academic documents had been presented and accepted and that the variation in names had been explained in accordance with the law.
In dismissing the petition, Justice Wabwire relied on a 2021 Court of Appeal decision in Nandagire Christine Ndiwalana v Katushabe Ruth, which held that nomination complaints should be raised within the period and before the forum provided by electoral law.
The judge said the defects complained of by Rushokora, including the number of supporters, signatures, identification numbers, the agent’s acceptance and academic documents, were matters that could have been identified by inspecting the nomination file before polling.
“No such complaint was lodged,” the judge said.
Justice Wabwire also rejected Rushokora’s argument that the preliminary objection was merely a technicality, saying that a lack of a cause of action goes to whether the petition is properly before court.
The judge further noted that Rushokora had indicated that he would amend the petition to include an allegation of ballot stuffing but had not done so.
The court held that such an amendment at that stage would also be barred by the election petition rules because it would introduce a new ground outside the statutory period for filing an election petition.
The respondents had raised the preliminary objection during a scheduling and mention session on September 14, arguing that the petition disclosed no cause of action because it raised only pre-election nomination issues.
Justice Wabwire ruled that a preliminary objection based on a point of law can be raised at any stage of proceedings and, where it disposes of the entire case, can be determined without a full trial.
