Judge Criticises Electoral Commission Over Ssenyonyi Nomination Error But Upholds Nakawa West Win

High Court Justice Allan Nshimye has criticised the Electoral Commission for administrative errors identified in nomination documents used during the Nakawa West parliamentary race. While addressing the court, the judge warned that such statutory mistakes could potentially open doors for the abuse of electoral procedures if left unaddressed.

The judicial observation followed an election petition brought forward by Ivan Bwowe, who sought to challenge the parliamentary victory of incumbent MP Joel Ssenyonyi. Bwowe argued that errors on the official nomination forms invalidated the entire process.

During the proceedings, Justice Nshimye noted that the electoral body had mistakenly inscribed “Nakawa West Constituency” instead of the legally accurate “Nakawa Division West Constituency” on the declaration of nominated candidates forms distributed to participants.

The court acknowledged that this clerical blunder directly fueled the legal dispute. However, the judge concluded that the petitioner failed to provide adequate evidence proving that the Commission’s oversight amounted to severe non-compliance with existing electoral laws.

Highlighting the gravity of administrative precision, Justice Nshimye cautioned that unchecked mistakes could create dangerous loopholes. He explained that inaccurate constituency descriptions on nomination papers could theoretically allow candidates to contest in unintended geographical areas.

Ultimately, the court determined that the petitioner did not establish robust grounds to nullify the poll results. Justice Nshimye dismissed the petition entirely, thereby preserving Ssenyonyi’s mandate as the duly elected representative.

Addressing the financial implications of the litigation, the court ordered the Electoral Commission to cover 25 percent of the legal costs incurred by both the petitioner and the respondent. Read more details on the Nile Post.