The High Court at has dismissed an application by the NRM’s Daniel Kananura looking forward to amend his elections petition challenging the election of NUP’s George Musisi as Kira Municipality Member of Parliament.
Justice George Okello ruled that the law does not provide for the amendment of parliamentary election petitions and that Courts have no power to extend the statutory period for filling or amending such petitions.
Kananura had asked the court to allow him amend his petition, arguing that the proposed changes were intended to place all the issues before and would neither introduce a new cause nor prejudice the respondents.
Musisi and the Electoral Commission opposed the application, arguing that the amended petition was filed outside the statutory period and introduced new grounds and matters that were not contained in the original petition.
Justice Okello relied on supreme court precedent concerning the special nature of election petitions, noting that they were governed by specific constitutional and statutory time lines and procedures.
“The law remans strict and does not provide for amendment of parliamentary petition, whether with leave or without leave” justice Okello said.
The judge further ruled that the High court lacked powers under the Parliamentary elections Act to extend time for filing or amending an election petition.
Justice Okello ruled that “This court therefore lacks the power under the Parliamentary elections Act to extend time for filing or amending an Election petition.”
Justice Okello also rejected reliance on ordinary civil procedure rules, holding that rules governing ordinary civil suits could not be used to introduce an amendment that is not provided for under electoral laws.
Kananura initially filed the election petition on March 31, 2026 and subsequently filed an amendment on April 7th, 2026.
The amendment petition challenged among other matters, the declaration and gazeting of the election results. The allegations contained in the amended petition were disputed by the respondents and were not findings by the court.
With the application dismissed, justice Okello ordered Kananura to meet the costs of the application.
The court directed Kananura to pay half of the costs incurred by first respondent George Musisi and the Electoral commission.
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