Judiciary too broke to hear 2026 election petitions

KAMPALA — The Judiciary is facing a funding shortfall that has delayed the hearing of 118 election petitions filed after the January 2026 General Election.

The delay has raised concern over whether courts can meet the strict timelines set by law for resolving electoral disputes.

Sources within the Judiciary said the institution has waited for more than a month for funds from the Finance ministry.

The money is needed to facilitate judges across the country to hear parliamentary and local council election petitions filed before the High Court.

According to the sources, the Judiciary’s proposed budget for the petitions was removed from the ministerial policy statement.

They said the budget was considered speculative because the exact number of petitions could not be known before filing closed.

“Our budget for the hearing of election petitions was removed from the ministerial statement on grounds that it was speculative since we could not tell exactly how many petitions would be filed,” a source who requested anonymity said over the weekend.

The source said the Judiciary had asked for part of the money to allow hearings to begin.

The balance would then be released after the exact number of petitions had been established.

“We pleaded with them to give us at least half of the required funds so we could start the process and receive the balance once the exact number of petitions was known, but our request was not considered,” the source said.

Judiciary Says Six-Month Clock Is Running

Under the Parliamentary Elections Act, the High Court must hear and determine parliamentary election petitions within six months from the date of filing.

Appeals from High Court decisions go to the Court of Appeal, which is the final court for parliamentary and local council election disputes.

However, more than a month has passed without any of the petitions being heard.

“The concerned parties and their lawyers are constantly asking when hearings will commence. The delay is becoming a matter of concern and is creating anxiety among litigants,” the Judiciary source said.

Judiciary spokesperson James Ereemye Mawanda confirmed that the institution is ready to begin the hearings but lacks the required funding.

“As the Judiciary, we have been ready to start the election petitions. We have only been constrained by the budget. The six months have already started running, and we therefore need the money urgently,” Mawanda said at the weekend.

Asked how much money the Judiciary needs, Mawanda said: “No exact figure ascertained.”

Finance Ministry Responds

Finance ministry spokesperson Jim Mugunga said the ministry releases funds to government entities at the start of every quarter.

He said ministries, departments and agencies are expected to spend the released funds according to approved plans and priorities.

“The Finance ministry publicly undertakes quarterly budgetary releases at the beginning of every quarter, and we expect that ministries, departments and agencies deploy the funds released in accordance with their activity plans and priorities,” Mugunga said on Monday.

His response leaves the Judiciary under pressure to secure funding before the legal timelines narrow further.

107 Parliamentary Petitions Filed

Earlier this month, Justice Andrew Khaukha, the Executive Director of the Judicial Training Institute, said 118 election petitions had been filed.

He made the disclosure during a training programme for Court of Appeal judges on election appeals.

Of the 118 petitions, 107 relate to parliamentary elections.

The remaining 11 concern local council elections.

The filings mean the High Court faces a heavy workload within a limited legal window.

They also point to the possibility of several appeals reaching the Court of Appeal after High Court decisions are delivered.

Notable Petitions Before Court

Several high-profile parliamentary election petitions are pending before the High Court.

NUP’s Hillary Kiyaga, popularly known as Dr Hilderman, is challenging the election of former Trade minister Amelia Kyambadde for Mawokota North Constituency.

Rose Nalubowa is challenging Justin Nameere for the Masaka City Woman MP seat.

Sarah Opendi is challenging Angella Akoth for Tororo District Woman MP.

NUP Secretary General David Lewis Rubongoya is challenging Minsa Kabanda for Kampala Central MP.

Other pending petitions involve Birungi Kobusingye and Harriet Nakwedde for the Kayunga District Woman MP seat.

Muwonge Nkoko is challenging Cissy Namujju for Lwengo District Woman MP.

Grace Nalubega is challenging Ruth Katushabe for Bukomansimbi District Woman MP.

Tonny Kitara is challenging Norbert Mao for the Laroo-Pece Division parliamentary seat in Gulu City.

The delayed hearings have heightened concern among litigants, lawyers and court officials.

For the Judiciary, the challenge is now both financial and legal.

It must secure the money needed to facilitate judges while keeping the petitions within the statutory timelines.

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