The High Court has annulled the election of Elias Lukwago Nalukoola as Member of Parliament for Kawempe North, citing significant electoral irregularities during the 2021 vote and ordering a fresh by-election.
In a ruling delivered on May 26, 2025, through email and the Judiciary’s digital court system, Justice Bernard Namanya determined that Nalukoola, a National Unity Platform (NUP) candidate, violated electoral law by campaigning on polling day—contrary to Section 100 of the Parliamentary Elections Act.
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The case was brought forward by Faridah Nambi, the National Resistance Movement (NRM) candidate, who accused Nalukoola and his agents of various forms of malpractice.
The disputed by-election, held on March 13, 2025, to replace the late Muhammad Ssegirinya, was marred by violence, including reported assaults on journalists by security personnel.
Although the judge dismissed several of Nambi’s claims—such as voter bribery and obstruction—he upheld evidence showing that Nalukoola had campaigned at polling stations on election day, a serious electoral offense.
Witnesses testified seeing Nalukoola at polling sites between 11 a.m. and 12 p.m. on the day of the vote. Nalukoola offered only a general denial and failed to provide evidence or counter-witnesses. During cross-examination, he admitted to moving around the constituency after casting his vote, which the judge said constituted prohibited conduct.
The court also found fault with the Electoral Commission for failing to report results from 14 polling stations due to election-day violence, leading to the disenfranchisement of 16,640 voters, including Nambi herself. The Commission admitted it had lost all related electoral materials during the chaos.
Justice Namanya ruled that the Commission neglected its constitutional responsibility to safeguard the right to vote and failed to exercise its powers to adjourn or reschedule the election process when necessary.
Nalukoola had argued that the 14 polling stations made up just 7.1% of the total, and the missing votes wouldn’t have changed the outcome. However, the judge disagreed, emphasizing that the disenfranchisement significantly undermined the credibility of the vote.
As a result, the court invalidated Nalukoola’s victory and instructed the Electoral Commission to organize a new election. This ruling adds Nalukoola to the growing list of MPs unseated through court petitions following the 2021 general elections, highlighting ongoing electoral integrity issues in Uganda.
The Electoral Commission has yet to announce the date for the new by-election.
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