Court Ousts Bugweri Woman MP, Declares Aminah Mutesi Winner

The political landscape in Bugweri District has shifted dramatically after the High Court in Iganga annulled the election of Stella Maris Nankwanga as Woman Member of Parliament and installed her closest challenger, Aminah Mutesi Nalugoda, as the legitimately elected representative.

Justice Simon Peter Kinobe delivered the ruling on November 13, 2026, bringing an end to a legal battle that had gripped the district since the January 15 parliamentary polls.

Academic Papers at the Heart of the Dispute

The court found that Nankwanga failed to present the necessary academic documents to the Electoral Commission at the time of her nomination. Justice Kinobe determined that the papers she submitted, including a Post Basic Diploma in Public Health, did not prove she satisfied the minimum education threshold required for election to Parliament.

Consequently, the judge ruled that Nankwanga was not qualified to stand and that her victory was invalid.

Mutesi had filed the petition on March 5, 2026, arguing that her rival lacked the Advanced Level standard or its equivalent, as demanded by the Constitution and the Parliamentary Elections Act. She pointed out that the National Council for Higher Education (NCHE) did not recognise the Post Basic Diploma in Public Health as equivalent to Advanced Level.

The petitioner also questioned the Certificate in Mental Health Nursing, noting that no NCHE certificate of equivalence had been handed to the Electoral Commission during nomination.

Nankwanga's Defence

Nankwanga rejected the claims, insisting she held the required qualifications. These included an Ordinary Level certificate, a certificate and transcript in Mental Health Nursing from Butabika School of Psychiatric Nursing, and a Diploma in Public Health from Medicare Health Professionals College.

She maintained that her nursing credentials were covered by a 2015 legal notice recognising certain qualifications as equivalent to Advanced Level, and that no separate certificate of equivalence was needed. On the Public Health award, she argued that the original documents had been wrongly labelled as a Post Basic Diploma, and that the college later corrected them to reflect a Diploma in Public Health.

The Electoral Commission also opposed the petition, describing the complaint as a pre-election matter that had been brought to its attention and addressed.

Court Rejects Preliminary Objection

The respondents argued that the dispute should have been settled before polling, noting that Mutesi's agent, Majidu Byakuno, had lodged a complaint but did not attend the hearing convened to consider it. The Commission said it had scheduled a hearing for January 12, 2026, but the complaint was not pursued.

Justice Kinobe, however, found that the Commission never made a decision on the merits of the complaint. He held that the body had a legal duty to examine and determine the matter, regardless of whether the complainant showed up. The judge reasoned that Mutesi could not appeal a decision that had never been made, citing Court of Appeal precedents including Omara Yuventine versus Ariko Johnny De West.

The preliminary objection was dismissed, and the court moved to the substantive question of qualifications.

Timing of Documents Proves Decisive

On the Mental Health Nursing certificate, the court acknowledged the 2015 legal notice but stressed that a candidate relying on such qualifications must obtain an NCHE certificate of equivalence and present it at nomination.

For the Public Health diploma, evidence showed that Nankwanga asked Medicare Health Professionals College to correct errors in her documents on December 3, 2025, after the October 22 and 23 nominations. The college replied on January 5, 2026, confirming the award and promising corrected papers. But the judge noted that the corrected documents came after nomination, while the paper presented at the time described the award as a Post Basic Diploma in Public Health. The NCHE confirmed that programme was not accredited.

Justice Kinobe held that qualifications must be in hand and presented on nomination day, and that later corrections cannot fix an earlier failure. He relied on Haji Abdul Naduli versus Electoral Commission, which established that the required academic documents must exist at the time of nomination.

Mutesi Declared Winner

Turning to the remedy, the court invoked Section 82(6) of the Parliamentary Elections Act, which allows the High Court to declare another candidate duly elected when the winner was not validly elected.

The results showed Nankwanga with 15,151 votes, Mutesi with 13,683 and Mercy Walukamba with 10,767. Excluding Nankwanga from the contest, the judge found Mutesi had the highest tally among the remaining candidates.

Citing the Court of Appeal decisions in Wakayima Musoke Nsereko and Another versus Kasule Robert Sebunya, and Hon. Ogwari Polycarp versus Ochwa David, the court held that it should determine who is entitled to the seat rather than automatically order a fresh poll.

Nankwanga's election was set aside, and Mutesi was declared the duly elected Woman Member of Parliament for Bugweri District. The court also ordered Nankwanga and the Electoral Commission to share the costs of the petition equally.