The High Court in Kampala has issued an interim order stopping Jimmy Akena from standing for a third term as the Uganda People’s Congress president.
Dennis Adim Enap, a party member and contender in the race for party presidency dragged Akena and UPC to court challenging his nomination for third term which he said was against Article 14.1(3) of the party constitution which stipulates a two-term limit for party presidents, with an exceptional third term only allowed if the incumbent wins a national presidential election while in their second term a feat Akena has not achieved.
In its ruling on Friday, court reasoned with Enap that Akena has already served two full terms ; 2015–2020 and 2020–2025 and not eligible for a third one.
Justice Bernard Namanya emphasized that the UPC party constitution clearly limits the presidency to two terms, except in specific circumstances not applicable in Akena's case.
“The nomination of Hon. Jimmy James Michael Akena for the office of party president of the Uganda Peoples Congress (UPC) for the period 2025 to 2030 is illegal and therefore null and void,” ruled Justice Namanya.
The High Court judge referenced a 2020 Court of Appeal decision which found that although Akena’s first election in 2015 was quashed by the High Court, he nonetheless continued to serve under the protection of an interim order, completing the full five-year term.
Justice Namanya referred to the judgment by Lady Justice Irene Mulyagonja, who had previously noted that Akena “continues to execute the duties of the President of the party, albeit resulting from an illegal process which was quashed in 2015.”
“As of today, Hon. Jimmy James Michael Akena has served two terms as party president of UPC,” said the judge, stressing that his fresh nomination breached the party’s constitutional term limits.
“Therefore, in accordance with Section 40 and 42 of the Judicature
Act (Cap. 16), I order that the nomination of Hon. Jimmy James Michael Akena for the office of party president of the Uganda People’s Congress (UPC) for the period 2025 to 2030 is illegal and therefore null and void.”
The judge also issued an order restraining UPC from further nominating Akena for the office of the party president for 2025 to 2030.
