The High Court in Kampala has scheduled May 12, 2025, to rule on whether to halt proceedings in the election petition against Kawempe North MP Elias Nalukoola Luyimbazi.
This follows an application by Nalukoola’s legal team, led by Mr. Samuel Muyizzi Mulindwa, requesting a stay of proceedings so they can appeal a recent ruling by Justice Bernard Namanya. The ruling in question allowed the cross-examination of only 10 of the 34 witnesses presented by the petitioner, Ms. Faridah Nambi Kigongo — a selection made by the judge himself.
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Mr. Muyizzi argued that the directive violates Section 63(4) of the Parliamentary Elections Act, which requires a comprehensive judicial investigation. He claimed that barring cross-examination of the remaining 24 witnesses—some of whom allegedly provided false information and lacked identification—undermines their defense and could allow unverified claims into the court record.
“These witnesses accuse our client of bribery and other electoral offenses, yet their credibility hasn’t been tested. We must be allowed to challenge their claims,” he said.
The court similarly limited Ms. Nambi’s legal team, led by Mr. Ahmed Mukasa Kalule, to cross-examining six of Nalukoola’s witnesses, including the MP himself. Their request to question two returning officers from the Electoral Commission was denied, as the court ruled they were not included in the original petition and filings had closed.
Mr. Eric Sabiiti, counsel for the Electoral Commission, opposed the application to stay proceedings, arguing that cross-examination in election petitions is not a guaranteed right and must be balanced against the need for timely resolution.
“Election petitions are time-sensitive. If dissatisfied, parties should appeal after the main case is determined—not during preliminary stages,” Sabiiti stated.
Tensions escalated when Nalukoola’s lawyers announced their intent to include the Electoral Commission as a respondent in their Court of Appeal filing. The commission and Nalukoola are jointly accused in Nambi’s petition of electoral misconduct.
Mr. Kalule, representing Nambi, dismissed the move as legally flawed, asserting that interlocutory decisions in election cases cannot be appealed until the final judgment is made.
Justice Namanya is expected to deliver his ruling on whether the trial will be paused to allow the appeal or proceed as planned.
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