The High Court in Kampala has dismissed a pre-election petition challenging the nomination of candidates for Nakawa Division West Constituency, ruling that a naming error on nomination documents was a minor clerical mistake that was lawfully corrected by the Electoral Commission (EC).
In a judgment delivered on January 8, 2026, Justice Collins Acellam upheld the EC’s decision to maintain the nominations, saying the error did not prejudice any candidate or confuse voters.
The petition was filed by Bwowe Ivan, who challenged the EC’s decision communicated on December 1, 2025, arguing that several candidates were nominated for a non-existent constituency after filling in Nakawa West instead of the official name, “Nakawa Division West Constituency, on nomination forms.
According to court records, Bwowe and the 2nd to 8th respondents were nominated on October 22 and 23, 2025, to contest for the parliamentary seat. The Returning Officer endorsed the nominations despite the naming discrepancy, prompting Bwowe to seek nullification of the nominations.
In dismissing the appeal, Justice Acellam agreed with the Electoral Commission that the mistake was curable under the law.
“The failure by the 2nd–8th Respondents to fill in the correct name of the constituency for which they were seeking nomination is a minor irregularity or misnomer which could be cured by the Commission under the powers conferred upon it,” the judge ruled.
The court emphasized that electoral disputes should be resolved on merit rather than technicalities, warning against decisions that would undermine voters’ rights.
“To allow this appeal would be denying the voters of Nakawa Division West Constituency the opportunity of choosing their representative to Parliament,” Justice Acellam stated.
He added that granting the petition would amount to imposing the petitioner on voters without their consent.
“Elective democracy requires that anyone seeking political office subjects himself or herself to the will of the electorate. A proper mandate is through the ballot box,” the judge said.
The court further found that “Nakawa West” and “Nakawa Division West Constituency” are commonly used interchangeably and refer to the same electoral area.
“The control form of the parties and all preceding documents in respect to the nomination indicate the constituency as Nakawa Division West. Thus, the clerical error was corrected and cannot be held to cause confusion to anyone,” the judgment reads.
Justice Acellam also faulted the petitioner for failing to raise the alleged anomaly earlier, noting that Bwowe himself had been nominated under the same designation he later challenged.
Citing the case of Kasangaki Diana vs Fulgensia Tumwesigye, the court reaffirmed that substantive justice outweighs procedural technicalities, especially where errors can be explained or corrected.
“Maintaining the said nominations aligns with the principle of substantive justice, ensuring that candidates are not disqualified on account of clerical errors which can be and were cured by the Commission,” the judge held.
The petition was dismissed in its entirety, with the court ordering each party to bear its own costs, effectively clearing the way for the Nakawa Division West parliamentary race to proceed as scheduled.
