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Decision of court 57.

Mature age entry refers to pathways that allow individuals over the age of 22 years to access higher education without needing to sit for A level.

This entry scheme is designed for prospective students who may not have completed traditional schooling or who do not meet the minimum admission criteria based on the great results.

The certificate of Mature Age Test has been held by the National Council for higher education in consultation with the Ugandan national examination board to be equivalent to a level which is the minimum requirement for one to contest for the position of member of parliament.

However, the connotation raised by the 2nd respondent was that the certificate used by the 21st December 2025 petitioner for purposes of nomination had expired and as a result, the petitioner did not have the minimum academic qualifications.

Therefore, for this issue to be resolved, it's imperative for court to look at the timeline from the date the petitioner sat for the Mature Age Test to the date of nomination.

58.

The timeline is as follows.

The Petitioner;- a) Sat for the Mature Age Test on 25th February 2023 and scored 54%.

b) The Certificate was issued on 12th June 2023, c) The same expired on 12th June 2025.

d) National Council for Higher Education (NCHE) issued equivalence certificate on 11th June 2025, one day before expiry.

e) Nomination occurred on the 23rd October 2025—four months after expiry.

59.

From the above timeline, I note that the petitioner’s only qualification had expired by nomination date, rendering both the certificate and NCHE equivalence invalid.

Legal Notice No.

12 of 2015 sets strict conditions with no provision for extension or exception.

It provides that a mature age entrance examinations certificate awarded to a person aged at least 22 years who has passed the mature age entry examination should be valid for two years from the date of award.

60.

The letter from IUIU dated 11th November 2025 suggesting conditional validity if the certificate is used to enrol for further studies cannot override the express legal framework.

Page 31 of 33 61.

I therefore find that;- a) An expired certificate at the time of nomination cannot lead to a legitimate nomination.

b) The petitioner did not possess a valid academic qualification at the time of nomination.

c) His nomination was invalid and rightly set aside by the 1st respondent for the above reasons.

d) The 1st Respondent rightly denominated the petitioner.

62.

In the end I dismiss this petition.

ISSUE 4: WHAT REMEDIES ARE AVAILABLE TO THE PARTIES.

63.

Section 27(2) of the Civil Procedure Act, provides that a successful party is entitled to costs unless for good cause Court orders otherwise.

In Lyamulemye David Vs Attorney General SCCA No.4 of 2013 it was held that, it is trite law that the award of costs is in the discretion of Court, the award of costs must follow the event.

64.

I decline to award the respondents costs because this petition raised an issue of public importance and one that has not been tested by our legal jurisprudence.

Therefore, all parties shall bear their costs.

I so order.

Dated this 21st day of December 2025 and delivered electronically via ECCMIS pursuant to the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025.

……………………………………………………………… SIMON PETER M.

KINOBE Ag.

JUDGE.

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