The Supreme Court has thrown out an application by a voter from Gayaza that sought to halt the upcoming General Elections, ruling that it has no legal authority to handle disputes raised before elections are conducted.
The case was filed by Patrick Mukisa, who described himself as a concerned citizen and whistle-blower. He asked the court to stop the elections until government fully implements electoral reforms recommended by the Supreme Court in its 2016 presidential election ruling.
Mukisa argued that nearly a decade after the court issued those recommendations, key reforms remain unimplemented. He faulted the Electoral Commission for organising another General Election without first addressing the changes, saying this undermines constitutional principles and weakens the credibility of the electoral process.
However, a seven-member panel of Supreme Court justices unanimously dismissed the application. The judges ruled that the Supreme Court’s mandate is strictly limited to hearing presidential election petitions after elections, filed by candidates who participated in the race. It has no jurisdiction to intervene before elections take place.
The court also struck out Mukisa’s case against President Yoweri Museveni, noting that the law bars legal proceedings against a sitting president. Mukisa had sued the Attorney General, the Electoral Commission and the President.
In the 2016 presidential election petition filed by former prime minister Amama Mbabazi, the Supreme Court issued ten recommendations aimed at reforming Uganda’s electoral system and directed the Attorney General to periodically report on their implementation.
Mukisa claimed that failure to implement these reforms amounted to negligence by both the Attorney General and the Electoral Commission. He further asked the court to issue sweeping orders, including the removal of army representatives from Parliament, banning independent candidates, deregistering political parties registered after May 2021, and forming an interim government to run the country until reforms were completed.
During the hearing, the government was represented by Attorney General Kiryowa Kiwanuka, while President Museveni was represented by his son-in-law and lawyer, Edwin Karugire.
In his response, Kiwanuka told the court that some of the 2016 recommendations cannot be implemented without constitutional amendments. He cited voting arrangements for Ugandans in the diaspora and prisoners as examples that go beyond administrative action.
