KAMPALA, Uganda (UGNEWSLINE) – Former Kajara County parliamentary candidate Venansio Ahabwe has moved to the Court of Appeal challenging the election of James Hunter Byenjeru Tukahirwa, arguing that he was not legally qualified to contest for the seat.
Ahabwe wants the appellate court to overturn a High Court ruling that upheld Tukahirwa’s victory in the January 15, 2026 elections, saying the judge wrongly interpreted the law governing public officers disciplined by the Leadership Code Tribunal.
The appeal follows a judgment delivered on October 12, 2026, by High Court Judge Tom Chemutai, who dismissed election petitions filed by Ahabwe and Muhwezi Deus against Tukahirwa.
At the centre of the dispute is Tukahirwa’s demotion by the Leadership Code Tribunal in April 2022 over the alleged misuse of two government vehicles while serving as a Senior Assistant Secretary in the Ministry of Health.
Ahabwe argues that the demotion amounted to removal from public office, which should have barred Tukahirwa from holding an elective or appointive position for five years under Section 49(7) of the Leadership Code Act.
However, Justice Chemutai ruled that demotion and dismissal are different disciplinary actions and that Tukahirwa had not been dismissed from public service.
The judge noted that although the tribunal ordered Tukahirwa’s demotion on April 26, 2022, he applied for early retirement a month later, before the decision was implemented. The Ministry of Public Service subsequently approved his retirement.
Justice Chemutai faulted the ministry’s handling of the retirement, describing it as irregular because the tribunal had already issued its decision. However, he found that the irregularity did not amount to dismissal or removal from office under the law.
The judge also ruled that Ahabwe and Muhwezi should have challenged the Electoral Commission’s decision to clear Tukahirwa through an appeal rather than an election petition.
The Commission had dismissed a complaint against Tukahirwa’s eligibility on December 15, 2025, after receiving submissions from the parties.
In his appeal, Ahabwe faults the judge on four grounds, including the interpretation of the five-year disqualification provision, the requirement to appeal the Electoral Commission’s decision and the finding that Tukahirwa’s irregular retirement did not amount to removal from office.
He is also challenging the order requiring him to pay costs of the dismissed petitions.
Tukahirwa secured the Kajara County parliamentary seat with 25,129 votes. Muhwezi came second with 17,037 votes, while Ahabwe obtained 2,525 votes.
Ahabwe is represented by J. Byamukama & Co. Advocates, Tukahirwa by Mujurizi & Tumwesigye Advocates, while the Electoral Commission is represented by Sam Sserwanga & Co. Advocates.
Ahabwe is asking the Court of Appeal to overturn the High Court judgment, declare Tukahirwa ineligible, nullify his election and order a fresh election in Kajara County.
The appeal is pending determination by the Court of Appeal.
