2026 polls: UPC member wants Akena fined sh300m over court defiance

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A Uganda People’s Congress (UPC) member has asked the court to fine Jimmy Akena shillings 300 million in damages over court defiance.

Through his lawyers from JByamukama and Company Advocates, Joseph Ochieno wants Akena and UPC to pay the money as a punishment to deter them from disobeying lawful court orders in future.

“The respondents should pay jointly or severally a fine to the court for wilful and deliberate disobedience of the order issued on July 25, 2025,” Ochieno demands. The order was issued by High Court judge Joyce Kavuma.

Ochieno filed the case against Akena and UPC on August 10, 2025, before the Civil Division of the High Court in Kampala, accusing them of holding an extraordinary delegates’ conference, despite a court order stopping the same.

He also wants the court to declare that Akena and UPC are in contempt of court for deliberately violating the court order.

Ochieno further seeks an order nullifying the resolutions, decisions or actions taken during the impugned delegates conference held on July 26, 2025. He also wants the court to direct the Electoral Commission (EC) to disregard and expunge from its records such resolutions.

During the hybrid delegates conference held virtually and physically in Naalya-Kira, Wakiso district, Akena’s term was extended by 12 months in preparation for the 2026 elections.

The decision was made after Justice Bernard Namanya issued an order prohibiting Akena from contesting for the country’s 2026-2031 presidency on the UPC party ticket. The order is dated July 18, 2025.

Court ruled that Akena had served his two full terms as per Article 14(1)3 of the UPC Constitution. The judgment followed a petition filed by the party's presidential aspirant, Denis Adim Enap.

"An order of certiorari is hereby issued quashing the decision of UPC to nominate Jimmy James Michael Akena for the office of party president from 2025 to 2030,” the court earlier ordered.

Adding: “That an order of injunction is hereby issued, restraining UPC from further nominating Hon. Jimmy Akena as candidate for office of party president for the period 2025 to 2030.”

On July 28, 2025, Ochieno' lawyers, led by Jude Byamukama, also petitioned the EC, asking it to reject the UPC’s resolutions arising from the extraordinary delegates conference, arguing that the meeting was convened illegally.

According to Byamukama, the ruling and interim exparte order were timely served on Akena on the same date via his WhatsApp number at 4:17pm and 9:36pm, respectively, in accordance with Rule 16 (1) of the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025.

“During the virtual conference, participants were notified of the existence of the interim exparte order in the chat section but the conference proceeded,” he contends.

UPC response

Godfrey Abasagimei, the lawyer representing UPC, claimed that Enap's lawyers failed to serve the party and its leader, Akena, with the ex parte interim order, which led to the convening of the delegates conference.

Abasagimei further argued that the ex parte ruling was flawed due to its association with a non-existent court case, miscellaneous cause number 89 of 2025.

He emphasised that proper procedure would have required serving UPC at its headquarters and the party president.

Given the late issuance of the order at 5:00 pm, Abasagimei suggested that the opposing lawyers should have waited until the next working day, serving the order between 8:00 am and 12:00 pm or else ask the court for substituted service.

The law

As things stand, Akena can contest for the presidency as an independent, provided he meets the requirements demanded by the Electoral Commission.