The High Court in Kampala has affirmed the Electoral Commission’s decision to reject Jimmy James Michael Akena’s nomination as the Uganda People’s Congress (UPC) flag bearer in the upcoming 2026 presidential elections. In a ruling delivered on Wednesday by Justice Bernard Namanya, the court emphasized that the application was heard after the conclusion of the presidential nomination period by the Electoral Commission.

“Therefore, it is practically impossible for this court to order the Electoral Commission to nominate Hon. Jimmy James Michael Akena as a UPC presidential candidate for the General Elections 2025/2026 because the nomination exercise is already closed,” the ruling states.

The court held that halting the presidential election process solely to accommodate Akena’s nomination would not serve the public interest. It further noted, “Moreover, there are serious legal questions as to whether Hon. Akena qualifies for nomination as a UPC presidential candidate, considering the ruling of the Electoral Commission in its letter dated 22nd September 2025 ref: LEG/297/01, which is itself grounded in court rulings.”

Nonetheless, Justice Namanya granted an interim injunction preventing the Electoral Commission from enforcing the part of its decision that declares, “The term of the Executive Committee of the Uganda People's Congress expired on 1st August 2025,” reasoning that retaining the current executive committee would enable UPC to participate in the General Elections by fielding candidates for various positions, including Members of Parliament.

However, the court clarified that the rest of the Electoral Commission's decisions remain unaffected by the injunction. As stated, “this Interim Order of Injunction shall expire upon the determination of High Court Misc. Application No. 823 of 2025: UPC & Hon. Jimmy James Michael Akena v. Electoral Commission.” EC spokesperson Julius Mucunguzi acknowledged receipt of the ruling and stated that further steps will be announced in due course.

Earlier, on Wednesday, 24th September 2025, Akena and the UPC party, invoking Section 98 of the Civil Procedure Act (Cap. 282) and Order 52 rules 1 and 3 of the Civil Procedure Rules, had filed an application seeking an interim injunction to bar the EC from excluding Akena from nomination as the UPC presidential candidate for the 2025/2026 General Elections, pending the resolution of the main suit (Misc. Cause No. 823 of 2025).

In their petition, Akena and UPC requested the court to issue an order preventing the EC from implementing its decision to exclude him and instead compel the EC to accept his nomination, asserting that Akena remains a valid member of the UPC Executive Committee with the authority to conduct party affairs.

However, in response, Hamidu Lugoloobi, a Senior Legal Officer at the Electoral Commission, argued that prior to the contested decision, the EC had received multiple complaints challenging Akena’s leadership. These came from individuals such as Joseph Pinytek Ochieno, Peter Walubiri, and Denis Adim Enap.

According to Lugoloobi, the complaints questioned Akena’s legitimacy as UPC president, citing previous legal judgments, including Court of Appeal Civil Appeal No. 20 of 2016: UPC v. Prof. Edward Kakonge; Misc Cause No. 148 of 2025: Denis Adim Enap v. Hon. Akena; and Misc Application No. 573 of 2025: Joseph Pinytek Ochieno v. UPC & Anor.

He added that conflicting claims to UPC leadership from Akena, Walubiri, and Adim Enap prompted the Commission to hold a meeting, which concluded that Akena’s term as party president had ended on 1st August 2025, a position formalized in the EC’s 22nd September 2025 decision.

Subsequently, the EC chairperson issued a letter stating that Akena did not qualify to be nominated as a UPC presidential candidate because his candidacy did not align with the UPC constitution. The letter also affirmed that the executive committee’s mandate had lapsed as of 1st August 2025.

Source: URN