The High Court in Mbarara has upheld Loydah Kyarikunda Muhimbura’s election as Mbarara District Woman MP, ruling that the challenge over her academic qualifications concerned pre-election matters.
The High Court in Mbarara has dismissed an election petition filed by Margaret Ayebare Rwebyambu challenging the election of Loydah Kyarikunda Muhimbura as Mbarara District Woman Member of Parliament.
Presiding judge Justice Tom Chemutai dismissed the petition with costs, upholding Kyarikunda’s election.
The dispute centred on allegations concerning Kyarikunda’s academic qualifications and supporting electoral documents. However, the court ruled that it could not determine the challenge as presented because it concerned matters that arose before polling.
“This Court cannot sit as a Court of First Instance to hear and determine pre-polling matters. The 1st Respondent qualified for nomination and was validly elected as the Woman Member of Parliament for Mbarara District. The petition is hereby dismissed,” the court ruled.
The judge also cited Rule 27 of the Parliamentary Elections (Interim Provisions) Rules, which gives the High Court discretion in determining costs in election petitions.
“In the premises, this petition is dismissed with costs,” the court said.
The ruling brings the legal challenge against Kyarikunda’s election to a close at the High Court level, although any further proceedings would depend on whether an appeal is filed and the applicable legal requirements.
Kyarikunda welcomed the decision, thanking God, her legal team, supporters and residents of Mbarara District for standing by her during the case.
“I am deeply grateful to God, my legal team, supporters, and the people of Mbarara District for standing with me throughout this challenging period,” she said.
“Today’s ruling is a victory for justice, truth, and the people we serve. Thank you for your unwavering support, prayers, and trust,” she added.
Kyarikunda won the parliamentary election with 31,456 votes against Rwebyambu’s 16,021, according to the figures provided in the petition report.
Following the ruling, Kyarikunda reaffirmed her commitment to community development, education and healthcare, saying she would focus on fulfilling her legislative responsibilities and serving her constituents.