KAMPALA – Uganda’s High Court has nullified the election of Elias Luyimbazi Nalukoola, the National Unity Platform (NUP) Member of Parliament for Kawempe Division North, citing widespread irregularities and disenfranchisement of thousands of voters.
In a judgment delivered by Justice Bernard Namanya at the Civil Division in Kampala, the court ordered the Electoral Commission to organise a fresh election for the constituency.
“The election of Nalukoola as a directly elected Member of Parliament for Kawempe Division North is set aside. The seat is declared vacant,” Justice Namanya ruled on Monday.
The decision follows a petition by Faridah Nambi Kigongo, a former candidate in the hotly contested race, who argued that 16,640 registered voters across 14 polling stations were denied the right to vote—a number deemed significant enough to affect the outcome.
Irregularities and Election Offences
Justice Namanya found that Nalukoola personally campaigned on polling day at two locations—Mbogo Primary School Playground and Kazo Angola—contrary to electoral laws under the Parliamentary Elections Act.
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The judge also considered claims of voter bribery and election-day disruptions, concluding they substantially influenced the final result.
Nalukoola, who had been declared the winner with 17,939 votes—later revised from an initial 17,764—was challenged by Nambi, who initially polled 8,593 votes, later revised to 9,058.
“The disenfranchisement and campaign misconduct raised legitimate concerns over the integrity of the electoral process,” Namanya said.
Courtroom Drama and Testimonies
The ruling follows days of intense courtroom proceedings involving cross-examinations and submissions from both parties. Nambi was represented by lawyer Ahmed Mukasa Kalule, while Nalukoola’s legal team included Samuel Muyizzi Mulindwa, Muhammad Mbabazi, Remmy Bagenda, Alex Luganda, and George Musisi.
Nambi testified that if votes from the 14 excluded polling stations had been included, she would have emerged victorious. During cross-examination, she was allowed a break to retrieve a calculator after appearing uncertain about the tally.
Her witnesses accused Nalukoola’s campaign of distributing household items like soap, bread, and salt in exchange for votes. Photographic evidence was tendered in court to support these claims.
One witness, George William Mawumbe, alleged that he was approached by Nalukoola’s lawyer and offered inducements to alter his testimony—an accusation denied by the defence.
Defence and Counterclaims
Nalukoola, in his defence, admitted that while there may have been irregularities, they were not significant enough to alter the outcome of the election.
“I won the majority of the votes. Whether or not the results from the impugned polling stations are included, the margin would remain in my favour,” he told the court.
He denied accusations of campaigning on polling day and insisted that his campaign activities had ceased on March 11, as required by the Electoral Commission.
His witness, Ritah Nabakooza, admitted to distributing items during the official campaign period but said it was part of her routine as a councillor, not an electoral offence.
The court, however, struck out evidence presented by two of Nambi’s witnesses, deeming it irrelevant.
What Next?
Nalukoola has the right to appeal the decision at the Court of Appeal—the final arbiter in parliamentary election petitions under Ugandan law.
The seat became vacant following the death of the former MP, Muhammad Ssegirinya, who passed away in January after a prolonged illness.
The Electoral Commission is now expected to organise a fresh by-election. For Nambi and other contenders, the legal ruling resets the race in one of Kampala’s most politically dynamic constituencies.
