The High court in Kampala has upheld a decision by the Electoral Commission (EC) to block Jimmy James Michael Akena’s nomination as the Uganda People’s Congress (UPC) presidential flag bearer for the 2026 general elections.
Delivering his ruling on Wednesday, justice Bernard Namanya held that the matter had been overtaken by events since the presidential nomination exercise had already closed.
“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 2025/2026 General Elections because the nomination exercise is already closed,” Namanya ruled.
The judge further noted that it would not be in the public interest to derail the electoral process merely to accommodate Akena’s candidature. He also raised “serious legal questions” about Akena’s eligibility in light of earlier EC findings and court rulings.
The EC, in its September 22 communication, had argued that Akena’s term as UPC president expired on August 1, 2025, and therefore, he lacked the mandate to stand as the party’s flag bearer. However, justice Namanya issued an interim order restraining the EC from implementing part of its decision declaring the UPC executive committee’s term expired.
He reasoned that maintaining the party’s leadership structure would allow UPC to field candidates for other elective positions, such as members of parliament, in the 2026 elections.
The judge clarified that the interim order does not affect the EC’s decision regarding Akena’s disqualification as a presidential candidate, and that the injunction will remain in force until the determination of High court miscellaneous application no. 823 of 2025: UPC & Hon. Jimmy James Michael Akena v. Electoral Commission.
EC spokesperson Julius Mucunguzi confirmed receipt of the ruling, saying the Commission would communicate its next steps in due course. Akena and UPC had petitioned court under Section 98 of the Civil Procedure Act, seeking an injunction to stop the EC from blocking his nomination.
They argued that Akena remained part of the executive committee with a mandate to run party affairs and therefore qualified to stand. In its defence, the EC said it acted after receiving petitions from UPC members, including Joseph Ochieno, Peter Walubiri, and Denis Adim Enap, all disputing Akena’s leadership.
The Commission cited a series of court rulings, including UPC v. Prof. Edward Kakonge (2016) and recent cases in 2025, which questioned Akena’s legitimacy as party president. The EC eventually resolved that Akena ceased to be UPC president upon the expiry of his term on August 1, 2025, and therefore could not be nominated.
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