The High Court in Mbarara has upheld James Hunter Byenjeru Tukahirwa’s election as Member of Parliament for Kajara County in Ntungamo District, ruling that his demotion from public service did not disqualify him from contesting for elective office.

In a judgment delivered on October 12, 2026, Justice Tom Chemutai dismissed two consolidated election petitions challenging Tukahirwa’s eligibility, confirming his nomination and election in the January 2026 general elections.

The petitions were filed by Ahabwe Venasio and Muhwezi Deus, who argued that Tukahirwa was barred from holding elective office for five years following disciplinary proceedings by the Leadership Code Tribunal over the misuse of two government vehicles.

The petitioners contended that the Electoral Commission had acted unlawfully by nominating Tukahirwa despite the tribunal’s decision to demote him from his position as Senior Assistant Secretary in the Ministry of Health in April 2022.

Under Section 49(7) of the Leadership Code Act, a leader or public officer dismissed or removed from office following a tribunal decision is barred from holding appointive or elective public office for five years.

However, Justice Chemutai ruled that the provision did not apply to Tukahirwa because the tribunal had ordered his demotion, not his dismissal or removal from office.

The judge noted that Tukahirwa subsequently applied for early retirement, which was approved by the Ministry of Public Service. Although the court questioned the ministry’s decision to clear him for retirement despite the existing tribunal ruling, it found that the irregularity was insufficient to establish that he had been dismissed from office.

The court consequently ruled that Tukahirwa’s circumstances did not fall within the scope of Section 49(7) of the Leadership Code Act and that he was not barred from contesting for Parliament.

Justice Chemutai also faulted the petitioners for failing to appeal against the Electoral Commission’s decision on their pre-nomination complaint. The judge observed that the commission had considered the complaint and issued a determination before the elections, which the petitioners should have challenged through the prescribed appellate process.

Tukahirwa won the Kajara County parliamentary seat with 25,129 votes in the January 15, 2026 elections. Muhwezi garnered 17,037 votes, while Ahabwe polled 2,525 votes.

The court dismissed both consolidated petitions with costs and confirmed Tukahirwa’s election as the directly elected Member of Parliament for Kajara County.