Dead End: High Court dismisses Ssekikubo appeal over Rwashande nomination Henry Jjemba | PML Daily

KAMPALA — The High Court in Kampala struck out an election appeal filed by Lwemiyaga Member of Parliament Theodore Ssekikubo challenging the nomination of Brig. Gen. Emmanuel Rwashande, ruling the application was filed after the mandatory deadline.

Lady Justice Joyce Kavuma dismissed the application to validate the appeal, which arose from an Electoral Commission decision upholding Rwashande’s nomination for the Lwemiyaga parliamentary seat ahead of the Jan. 15 general elections.

Ssekikubo argued he had sufficient cause for the delay, claiming the Electoral Commission failed to communicate its ruling promptly. He told the court he only became aware of the decision through social media on Dec. 8.

However, Kavuma found the commission served the ruling to Ssekikubo’s lawyers on Dec. 3, the same day it was delivered.

The court found that the commission served the applicant’s lawyers on Dec. 3 and that service was effective, the judge held. She noted that legal timelines began running from that date.

Under the Parliamentary Elections Rules, an appeal must be filed within five days of a commission decision. Kavuma emphasized that the rule is mandatory, noting that election matters are a unique breed of litigation where time is of the essence.

The court also rejected Ssekikubo’s explanation that he had diligently followed the case, finding his affidavit did not demonstrate the vigilance expected in pre-election disputes. Kavuma noted that Ssekikubo waited about two weeks before following up on the matter.

Regarding jurisdiction, the judge agreed with the respondents that the court lacked the power to extend or validate time limits fixed by statute. She held that there is no provision under the rules that permits the court to extend time and that courts cannot rely on inherent jurisdiction where the law provides none.

As a result, Kavuma struck out the appeal and dismissed the application.

Despite the ruling, the court ordered each party to bear its own costs. Kavuma noted that electoral litigation is a matter of great national importance and that costs should not deter aggrieved parties from seeking judicial redress.