Hon. Masika Apollo v Nanzala Matrine a.k.a Nanjala Metrine and National Identification and Registration Authority (Miscellaneous Application No. 42 of 2026)

High Court · [2026] UGHC 581 · 2026 Application Granted ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Interlocutory application arising from Parliamentary Election Petition No. 03 of 2026 seeking court order to compel NIRA to provide certified copies of registration details

Decision

Application granted with orders directing NIRA to provide certified copies of registration details for two individuals for use as evidence in the underlying election petition

The full judgment

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Holding

The High Court has jurisdiction to order NIRA to provide certified copies of registration details for use as evidence in pending court proceedings. Courts, as government agencies under Regulation 6(1) of the Registration of Persons (Access and Use of Information) Rules 2015, may access information in the National Identification Register. The requirement to apply first to the Registration and Identification Committee applies to private persons, not to courts exercising their interlocutory powers under Rule 24 of the Parliamentary Elections Rules. A party whose citizenship status is under challenge in the underlying petition is properly joined to an application seeking documents to prove that status.

Facts

The Applicant filed Parliamentary Election Petition No. 03 of 2026 challenging the election of the 1st Respondent as Member of Parliament for Namisindwa County Constituency on grounds that she is not a citizen of Uganda. The 1st Respondent filed an answer supported by an affidavit from Nelima Agnes, who claimed to be her biological mother and stated that she and the late Walyama Michael had five children including the 1st Respondent. The Applicant disputed this, asserting that Nelima Agnes and Walyama Michael had only four children and that the 1st Respondent was not their biological daughter. The Applicant sought a court order compelling NIRA to provide certified copies of the registration details of Nelima Agnes and Wekesa Evans to verify the contents of the affidavit and use as evidence in the petition. The 1st Respondent opposed the application on grounds of lack of jurisdiction and misjoinder. NIRA opposed on the basis that the proper procedure under the Registration of Persons Act required prior application to the Registration and Identification Committee.

Issues

Whether the High Court has jurisdiction to entertain an application for access to information in the National Identification Register without prior application to the Registration and Identification Committee.
Whether the 1st Respondent was properly joined as a party to the application.
Whether the applicant has established sufficient grounds for the grant of the application.

Orders

Application granted.
The 2nd Respondent shall provide the Applicant with a certified copy of all registration details and information about Nelima Agnes as contained in the National Identification Register for use as evidence in court.
The 2nd Respondent shall provide the Applicant with a certified copy of the registration details and information relating to Wekesa Evans as contained in the National Identification Register for use as evidence in court.
Costs of this application shall abide the outcome of Parliamentary Election Petition No. 03 of 2026.

Key headnotes

Civil Procedure — Interlocutory Applications — Jurisdiction of Court to Order Production of Documents

A court of competent jurisdiction has power to grant an order against a public body to issue certified copies of public records in its custody for use in evidence in a matter pending before the same court, notwithstanding statutory procedures governing access to such records by private persons.

Administrative Law — Access to Information — Courts as Government Agencies

Courts, being government agencies, are entitled to access and use information contained in the National Identification Register under section 67(1) of the Registration of Persons Act Cap 332 and Regulation 6(1) of the Registration of Persons (Access and Use of Information) Rules 2015, without being subject to the procedures applicable to private persons under Regulations 3 and 5(8).

Electoral Law — Election Petitions — Interlocutory Applications — Powers of Court

Rule 24 of the Parliamentary Elections (Interim Provisions) (Election Petitions) Rules SI 141-2 confers express and mandatory power on a judge to hear and dispose of all interlocutory questions and matters arising out of the trial of an election petition, including applications for production of documents necessary for the just determination of the petition.

Civil Procedure — Parties — Joinder — Proper Party

A party whose legal status is directly under challenge in the underlying proceedings and who stands to be directly affected by the orders sought in an interlocutory application is a proper party to that application, and failure to join such party would amount to condemning them unheard contrary to Article 28 of the Constitution.

Civil Procedure — Court's Powers — Section 37 Judicature Act — Grant of Remedies

Section 37 of the Judicature Act Cap 16 confers upon the High Court power to grant all such remedies as are necessary to facilitate the effective and final resolution of issues in controversy before it, so that all matters may be completely and finally determined and multiplicities of legal proceedings avoided.

Legislation cited (11)

Judicature Act Cap 16 s.37
Civil Procedure Act s.98
Civil Procedure Rules SI.71 Order 1 Rule 10(2)
Civil Procedure Rules SI.71 Order 52 Rule 1
Parliamentary Elections (Interim Provisions) (Election Petitions) Rules SI.141-2 Rule 24
Registration of Persons Act Cap 332 s.67(1)
Registration of Persons (Access and Use of Information) Regulations SI.66 of 2015 Regulation 3
Registration of Persons (Access and Use of Information) Regulations SI.66 of 2015 Regulation 5(8)
Registration of Persons (Access and Use of Information) Regulations SI.66 of 2015 Regulation 6(1)
Constitution of Uganda Article 28
Constitution of Uganda Article 126(2)(e)

Cases cited (3)

Mulindwa George William v Kisubika Joseph (Civil Appeal No. 12 of 2014)
[2014] UGSC 4
Hon. Sabila Herbert v Maket Latif (Miscellaneous Application No. 124 of 2010)

Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.