The High Court in Kampala has thrown out an election appeal by Lwemiyaga Member of Parliament Theodore Ssekikubo after finding that it was filed outside the legally allowed time.
The appeal was meant to challenge the nomination of Brigadier General (Retired) Emmanuel Rwashande as a candidate for the Lwemiyaga parliamentary seat in the January 15 general elections. Ssekikubo was appealing a decision of the Electoral Commission, which had upheld Rwashande’s nomination.
In her ruling, Lady Justice Joyce Kavuma said the court could not consider the case because it was lodged after the five-day deadline set by law. She dismissed Ssekikubo’s application that sought to excuse the delay and allow the appeal to proceed.
Ssekikubo told court that the delay was not his fault, arguing that the Electoral Commission did not promptly inform him of its decision. He claimed he only learned about the ruling on December 8 through social media.
However, the judge rejected this explanation after reviewing evidence showing that the Electoral Commission had formally served the ruling on Ssekikubo’s lawyers on December 3, the same day it was delivered. Justice Kavuma said service on a lawyer is legally valid and that the countdown for filing an appeal began on that date.
Under the Parliamentary Elections Rules, a candidate has only five days to appeal a decision of the Electoral Commission. The judge stressed that this timeline is strict and cannot be ignored, noting that election cases must be handled quickly because of their impact on the electoral process.
The court also faulted Ssekikubo for failing to act with urgency. Justice Kavuma said his affidavit did not show the level of diligence expected in pre-election disputes, pointing out that he waited nearly two weeks before following up on the matter.
On the question of whether the court could extend the deadline, the judge sided with the respondents, ruling that the law gives no power to extend or validate time limits set by statute. She added that courts cannot rely on inherent powers where the law is silent.
As a result, the appeal was struck out in its entirety.
Despite dismissing the case, the court ordered each party to meet its own legal costs. Justice Kavuma said election disputes are matters of national importance and that cost orders should not discourage candidates from seeking justice through the courts.
