The High Court in Kabale dismissed a case brought by two councilors against the Kabale District Local Government regarding the election of a representative to the Kabale University Council.
District councilors Leopold Twesigye, representing Central Division, and Ronald Bagamuhunda, representing female youth, filed consolidated cases 0008 and 0011 of 2022.
The duo petitioned the court in July 2022, challenging the election of their Northern Division counterpart, Verah Tuyizere Tumuheki, who had been chosen to replace the late Kabale District LC5 Chairperson, Patrick Besigye Keihwa, on the university council. Keihwa died in late 2021.
During the election, Tumuheki garnered 18 votes, defeating March Boaz, the Ryakarimira Town Council LCV councilor, who secured 16 votes. Twesigye and Bagamuhunda asked the court to nullify the results, arguing that the Kabale District Speaker, Flavia Nyinakiza Kanagizi, who presided over the proceedings, also cast a vote, an action they said violated the Local Government Act.
The petitioners further accused Speaker Nyinakiza of submitting Tumuheki’s name to the Kabale University Council, a role they argued should have been performed by the Chief Administrative Officer (CAO).
In October 2022, the Court advised the parties to pursue mediation, including discussions on possible compensation for the plaintiffs. The Office of the Attorney General later intervened and ordered a fresh election, which Tumuheki again won.
The case was heard by Justice Samuel Emokor, who was serving as the Kabale High Court Judge at the time. Although he was transferred to the High Court’s Land Division in April 2025, he concluded the hearing before his transfer and later delivered the judgment.
In a ruling released Thursday evening, Justice Emokor stated that Twesigye and Bagamuhunda deserved credit for filing the case, noting that their action prompted the office of Kabale District Chief Administrative Officer to seek legal guidance from the Attorney General and ultimately led to the conduct of a fresh election. He ruled that the plaintiffs should therefore be compensated for the costs they incurred.
However, Justice Emokor dismissed the case because all preliminary objections raised by the petitioners are rendered moot since a fresh election was held on October 13, 2022.
Speaking after the ruling, Twesigye told reporters that he was satisfied with the court’s decision, especially since the judge ordered that he be compensated for his expenses.
****URN***