The High Court has upheld the Electoral Commission’s decision to annul the nomination of Mulirire Daniel as a parliamentary candidate for Budiope East Constituency, Buyende District, in a ruling that reaffirms strict compliance with Uganda’s election laws on resignation from public service .
In a detailed judgment delivered by Justice Simon Peter M. Kinobe, the court dismissed Mulirire’s appeal against the Electoral Commission (EC), concluding that he failed to satisfactorily prove that he had resigned from the Uganda Police Force at least 90 days before nomination, as required by law .
Background to the dispute
Mulirire had been duly nominated on October 22, 2025, but his candidacy was challenged by Yeko Ibrahim, a registered voter in the constituency. Yeko petitioned the EC, arguing that Mulirire was still a serving police officer and had not attached proof of resignation to his nomination papers .
After hearing the complaint, the Electoral Commission on December 23, 2025 annulled Mulirire’s nomination, citing non-compliance with Section 4(4)(a) of the Parliamentary Elections Act, which requires public officers to resign at least 90 days before nomination day .
Aggrieved, Mulirire appealed to the High Court, arguing that he had resigned earlier and that the Commission acted illegally, unfairly, and without properly hearing him.
Constitutionality question settled
One of the central arguments raised by Mulirire was that Section 4(4)(a) of the Parliamentary Elections Act is unconstitutional, relying on earlier Constitutional Court decisions that questioned similar provisions in the Constitution.
Justice Kinobe rejected this argument, noting that the matter had already been settled by the Supreme Court in Wasike Stephen Mugeni v Aggrey Awori Siryoyi, which confirmed that the resignation requirement remains valid and enforceable law in Uganda .
“The attempt to challenge the resignation requirement was misconceived and devoid of merit,” the judge ruled, affirming that public officers seeking elective office must strictly comply with the law .
Proof of resignation: a fatal gap
Although the court agreed that the law does not explicitly require proof of resignation to be attached at the moment of nomination, it emphasized that once a complaint is lodged, the burden shifts to the candidate to present cogent and credible evidence of resignation.
Mulirire relied on a photocopied letter purportedly accepting his resignation from the Uganda Police Force. However, the court found the document inadequate, noting that it was uncertified, did not clearly indicate the author’s authority, and was unsupported by additional evidence such as a stamped resignation letter or affidavit from the issuing office.
“The petitioner failed to discharge the requisite burden that at the time of nomination, he had resigned from public office,” Justice Kinobe held, concluding that the Commission was justified in annulling the nomination .
Fair hearing claim rejected
Mulirire also claimed that his right to a fair hearing had been violated, arguing that the EC conducted an ex-parte meeting before he was served with the complaint.
The court disagreed, finding that he was notified, given time to respond, and did in fact file a response which the Commission considered. Justice Kinobe stressed that election disputes require expeditious handling, and that procedural flexibility is permissible as long as the affected party is afforded a reasonable opportunity to be heard .
Implications for future candidates
The ruling sends a clear signal to public officers eyeing political office: resignation must not only occur within the legal timelines, but must also be demonstrable with clear and authentic documentation when challenged.
As Uganda heads deeper into an election season marked by heightened scrutiny of nominations, the decision reinforces the Electoral Commission’s authority and underscores the courts’ unwillingness to relax mandatory legal requirements.
For Budiope East, the judgment effectively keeps Mulirire off the ballot, reshaping the political contest in the constituency and offering a cautionary tale to aspiring candidates from public service.
