The High Court in Kampala has nullified the election of Hon. Elias Luyimbazi Nalukoola as the Member of Parliament for Kawempe Division North and ordered the Electoral Commission to conduct a fresh election.
In a ruling delivered by Justice Bernard Namanya, the court held that the by-election held earlier this year was marred by irregularities that substantially affected its outcome, thereby contravening the provisions of the Parliamentary Elections Act.
Justice Namanya outlined two main grounds upon which the court based its decision. Notably, the judge found that Hon. Nalukoola personally engaged in illegal campaigning on election day at Mbogo Primary School Playground (KAT–MAJ) and Kazo Angola (KAL–KZ) LCI Office polling stations — an act prohibited under Sections 100(1)(a), 100(1)(b), 100(2)(a), and 100(3) of the Parliamentary Elections Act (Cap. 177).
Quoting the final orders of the court, Justice Namanya ruled: “That the election of Luyimbazi Elias Nalukoola as a Directly Elected Member of Parliament for Kawempe Division North constituency in Kampala District is set aside.” He further declared the seat vacant and instructed the Electoral Commission to organize a fresh election in accordance with the law.
The ruling follows a petition filed by the National Resistance Movement (NRM) and its candidate, Hon. Nambi Faridah Kigongo, who challenged the validity of the election results. The petition cited several irregularities, including the Electoral Commission’s failure to return results from multiple polling stations, which allegedly disenfranchised thousands of voters.
The petitioners also raised concerns about widespread election day malpractices, including voter bribery, illegal campaigning, and obstruction of voters and electoral officials by Nalukoola’s campaign team.
Each party has been ordered to bear its own legal costs. The court’s decision paves the way for a tightly contested fresh poll in Kawempe Division North, a key constituency in Kampala.
