The High Court in Iganga has nullified the election of Stella Maris Nankwanga as Bugweri District Woman Member of Parliament, declaring her main challenger, Aminah Mutesi Nalugoda, the duly elected legislator.
In a judgment delivered on November 13, 2026, Justice Simon Peter Kinobe ruled that Nankwanga had failed to present the required academic qualifications to the Electoral Commission at the time of her nomination for the January 15 parliamentary elections.
The judge found that the Post Basic Diploma in Public Health she presented during nomination did not establish that she met the minimum academic requirements for election to Parliament.
Nankwanga had won the election with 15,151 votes against Nalugoda’s 13,683, while another candidate, Mercy Walukamba, polled 10,767 votes.
Nalugoda petitioned the court on March 5, 2026, challenging Nankwanga’s academic qualifications, arguing that she did not possess the minimum Advanced Level qualification or its equivalent as required by the Constitution and the Parliamentary Elections Act.
The petitioner questioned the validity of Nankwanga’s Post Basic Diploma in Public Health, arguing that it was not recognised by the National Council for Higher Education (NCHE) as equivalent to Advanced Level.
She also challenged her Certificate in Mental Health Nursing, arguing that Nankwanga had not presented the necessary NCHE certificate of equivalence to the Electoral Commission during nomination.
Nankwanga opposed the petition, maintaining that she possessed the necessary qualifications, including an Ordinary Level certificate, a Mental Health Nursing certificate and transcript from Butabika School of Psychiatric Nursing, and a Diploma in Public Health from Medicare Health Professionals College.
She argued that her nursing qualifications were recognised under a 2015 legal notice and that her initial Public Health certificate had been incorrectly described as a Post Basic Diploma.
However, evidence before the court showed that Nankwanga requested corrections to her Public Health academic documents on December 3, 2025, after the parliamentary nominations held on October 22 and 23.
Medicare Health Professionals 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 document she had presented during the exercise described the award as a Post Basic Diploma in Public Health.
The court also considered correspondence from the NCHE indicating that the Post Basic Diploma in Public Health was not among the programmes accredited by the council.
On the Mental Health Nursing qualification, the judge held that a candidate relying on qualifications recognised under the 2015 legal notice was required to obtain and present an NCHE certificate of equivalence at nomination.
The court further rejected a preliminary objection by Nankwanga and the Electoral Commission that the dispute should have been resolved before the election.
The respondents had argued that a complaint challenging Nankwanga’s nomination was previously lodged with the Electoral Commission, but the complainant’s agent failed to attend a hearing scheduled for January 12, 2026.
However, Justice Kinobe found that although the Commission had scheduled a hearing, it did not make a decision on the merits of the complaint. He held that the Commission had a legal obligation to determine the matter despite the complainant’s failure to attend.
In determining the appropriate remedy, the judge relied on Section 82(6) of the Parliamentary Elections Act, which empowers the High Court to declare another candidate duly elected where the declared winner was not qualified.
He found that Nalugoda had obtained the highest number of votes among the remaining candidates after Nankwanga was excluded from the contest.
The court 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.
