The High Court in Iganga has nullified the election of Stella Maris Nankwanga as Bugweri District Woman Member of Parliament, declaring her former challenger, Aminah Mutesi Nalugoda, the duly elected legislator.
Justice Simon Peter Kinobe delivered the ruling on November 13, 2026, finding that Nankwanga had failed to present the required academic qualifications when she was nominated for the January 15 parliamentary elections.
The judge ruled that the academic documents she submitted, particularly a Post Basic Diploma in Public Health, did not establish that she met the minimum education requirements for election to Parliament.
Nankwanga had secured 15,151 votes, defeating Nalugoda, who obtained 13,683 votes. Another candidate, Mercy Walukamba, finished with 10,767 votes.
Nalugoda petitioned the court on March 5, 2026, arguing that Nankwanga did not possess the minimum academic qualification of Advanced Level standard or its equivalent as required under the Constitution and the Parliamentary Elections Act.
She also challenged Nankwanga’s Certificate in Mental Health Nursing, arguing that the candidate had not presented a certificate of equivalence from the National Council for Higher Education (NCHE) during nomination.
Nankwanga defended her qualifications, maintaining that her nursing credentials were recognised under a 2015 legal notice and that she held a Diploma in Public Health from Medicare Health Professionals College.
However, evidence before the court showed that she requested the college to correct errors in her academic documents on December 3, 2025, after parliamentary nominations had taken place on October 22 and 23.
The college responded on January 5, 2026, confirming that she had obtained a Diploma in Public Health and would issue corrected documents.
Justice Kinobe found that the corrected certificate and transcript were issued after nomination, while the documents initially presented described the qualification as a Post Basic Diploma in Public Health.
The court also considered correspondence from NCHE indicating that the Post Basic Diploma in Public Health was not among the programmes accredited by the council.
On her Mental Health Nursing qualification, the judge ruled that candidates relying on qualifications recognised under the 2015 legal notice were required to obtain and present an NCHE certificate of equivalence at nomination.
The court also dismissed an objection by Nankwanga and the Electoral Commission, which had argued that the dispute should have been resolved before the election.
The respondents maintained that a complaint had previously been lodged with the Electoral Commission but was not pursued after the complainant’s agent failed to attend a scheduled hearing on January 12, 2026.
However, the judge found that the Commission had not made a decision on the merits of the complaint and had a legal duty to determine it despite the complainant’s absence.
In determining the appropriate remedy, Justice Kinobe relied on Section 82(6) of the Parliamentary Elections Act, which allows the court to declare another candidate duly elected where the declared winner was not qualified.
After excluding Nankwanga, the court found that Nalugoda had obtained the highest number of votes among the remaining candidates.
The judge consequently nullified Nankwanga’s election and directed the Electoral Commission to declare Nalugoda the duly elected Bugweri District Woman MP.
Nankwanga and the Electoral Commission were also ordered to share the costs of the petition equally.
