EALA By-Elections Suspended over Legal Dispute

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EALA By-Elections Suspended over Legal Dispute
EALA By-Elections Suspended over Legal Dispute

Africa-Press – Uganda. The race to fill Uganda’s vacant seats in the East African Legislative Assembly (EALA) has been thrown into uncertainty following a last-minute suspension of the nomination process by the Clerk to Parliament.

In a notice issued by the Clerk, Adolf Mwesige Kasaija, nominations that had been scheduled for March 30 and 31, 2026, were put on hold “until further notice,” effectively freezing a process that was expected to culminate in a parliamentary vote on April 15, 2026.

The abrupt decision follows a growing legal dispute over whether the two EALA positions are in fact vacant.

The by-elections had been organised to replace Dennis Namara and James Kakooza, who were recently elected to Uganda’s 12th Parliament.

However, opposition leaders and legal experts have challenged the timing of the process, arguing that it is premature under the East African Community (EAC) Treaty.

Leader of Opposition Joel Ssenyonyi is among those who have raised concerns, pointing to provisions in the treaty that indicate a member only vacates their EALA seat upon being sworn into a national parliament.

With Uganda’s 12th Parliament not expected to be sworn in until May 2026, the argument suggests that Namara and Kakooza technically remain legitimate members of EALA, meaning their seats cannot yet be declared vacant.

This interpretation creates a significant legal dilemma. If Parliament proceeds with the by-elections before the swearing-in, Uganda risks exceeding its allocated nine representatives in EALA and ending up with eleven members—an outcome that could trigger a constitutional dispute or even litigation at the East African Court of Justice.

Attorney General Kiryowa Kiwanuka acknowledged the uncertainty during a recent plenary sitting, conceding that there may have been a misreading of the law.

“Allow me to study the matter and confer with colleagues in Arusha… we believe there is a misinterpretation of the law in that regard,” Kiwanuka told the House, signalling the need for regional consultation before any further steps are taken.

The suspension has also disrupted internal political processes, particularly within the ruling National Resistance Movement (NRM), where interest in the seats had been high.

Several aspirants had already picked up expression of interest forms, but both party primaries and the national nomination exercise are now effectively on hold.

At Parliament, the 20-member verification committee chaired by Herbert Ariko has also been left idle, pending the issuance of a revised roadmap.

The delay underscores the complexity of synchronising national political transitions with regional obligations, particularly in institutions like EALA, where membership is governed by both domestic and treaty law.

For now, the fate of Uganda’s representation in the regional assembly remains unresolved, hinging on legal clarification and consultations with EAC authorities in Arusha.

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