The Electoral Commission (EC) has asked the High Court to uphold its decision cancelling the nomination of National Unity Platform (NUP) flag bearer Mathias Walukaga, insisting he did not meet the minimum academic qualifications to contest for the Busiro East parliamentary seat.
In an affidavit filed before the Civil Division of the High Court in Kampala and seen by this website, the EC maintains that Walukaga lacked the required academic qualifications at the time of nomination, in breach of the Parliamentary Elections Act.
The affidavit was sworn by Abubaker Kayondo, a Legal Officer at the Electoral Commission, in response to Walukaga’s appeal challenging the cancellation of his nomination.
Kayondo states that the mature age entry certificate Walukaga presented had expired by October 23, 2025 the day he was nominated. He adds that after reviewing evidence and submissions during hearings before the Commission, it was established that Walukaga did not meet the minimum formal education requirements under Section 4(1)(c) of the Parliamentary Elections Act.
The Commission further argues that it acted within its constitutional and legal mandate. It cites Article 61(1)(f) of the 1995 Constitution and Section 15 of the Electoral Commission Act, which empower it to hear and determine complaints relating to a candidate’s qualifications before nomination.
“The Commission had the authority to inquire into whether Mr Mathias Walukaga possessed the required academic qualifications prior to his nomination,” Kayondo states.
The EC has asked court to dismiss the appeal with costs and uphold its decision. The response was submitted electronically as the High Court prepares to deliver its judgment on Monday, December 22, 2025.
Earlier this week, Justice Rogers Kinobe fixed the judgment date after hearing submissions from all parties, citing the urgency of the electoral calendar.
Walukaga, the NUP flag bearer for Busiro East, filed the appeal through his lawyers Alex Luganda, Erias Nalukoola, Jonathan Erut and Aua Napala. The Electoral Commission is listed as the first respondent, while voter John Lubowa Kilimiro who originally challenged Walukagga’s nomination is the second respondent.
The case stems from Kilimiro’s complaint to the Electoral Commission questioning Walukaga’s academic qualifications. The Commission heard the matter over several sittings in November before cancelling the nomination.
Under Ugandan law, anyone seeking nomination as a Member of Parliament must possess a minimum of an Advanced Level certificate or its equivalent.
In his appeal, Walukaga argues that the Commission acted without jurisdiction, saying his academic qualifications had already been equated and verified by the National Council for Higher Education (NCHE) in collaboration with the Uganda National Examinations Board (UNEB).
He maintains that he was duly nominated on October 23, 2025, based on a mature age entry certificate issued by the Islamic University in Uganda in June 2023. Walukaga argues that although such certificates are valid for two years, his was used within that period to enrol for further studies, which he says preserved its validity.
He further states that in June 2025, NCHE equated his mature age qualification to Advanced Level standard and issued a certificate confirming completion of formal education at that level, which he says formed the basis of his nomination.
However, the Electoral Commission insists that despite the NCHE documentation, the certificate presented at nomination had expired and did not meet the legal threshold at the time.
Justice Kinobe directed that the judgment will be delivered electronically through the court’s Electronic Case Management Information System (ECCMIS), and parties were advised not to return to court physically.
The High Court ruling will determine whether Walukaga’s name returns to the ballot as Uganda heads to the January 15, 2026 general elections.
Stay with us for updates as the case unfolds.