Erias Nalukoola Luyimbazi
The High Court in Kampala has nullified the election of Luyimbazi Elias Nalukoola as Member of Parliament for Kawempe Division North, citing illegal campaigning on polling day and the disenfranchisement of over 16,000 voters in a landmark ruling that echoes the controversies of the Kawempe by-elections held in March.
Delivering a 50-page judgment on Monday, Justice Bernard Namanya found that Nalukoola, who had been declared winner with 17,939 votes, personally breached electoral laws by campaigning at two polling stations on election day—Mbogo Primary School Playground and Kazo Angola at LCI Office.
“The petitioner has proved on the balance of probabilities and to the satisfaction of the court that the first respondent personally campaigned and canvassed for votes on polling day, contrary to the provisions of Section 100 of the Parliamentary Elections Act,” the judge ruled.
The petition was filed by Faridah Nambi Kigongo, who trailed in second place with 9,058 votes. She alleged multiple irregularities, including voter intimidation, obstruction of election officers, and bribery. While several of those claims were dismissed for lack of evidence linking them directly to Nalukoola, the court zeroed in on two pivotal issues: his personal conduct on polling day and the Electoral Commission’s failure to account for votes in 14 polling stations, affecting 16,640 registered voters.
Justice Namanya stated that the failure by the Electoral Commission to tally results from the affected polling stations, some of which experienced chaotic scenes and destruction of voting materials, amounted to a serious violation of voter rights.
“It was wrong for the Electoral Commission to declare the result of the election well knowing that results from 14 polling stations were not transmitted due to the violence that marred the vote counting process,” he said. “The actions or omissions of the Electoral Commission resulted in the disenfranchisement of 16,640 voters, which was a violation of their right to vote.”
Though Nalukoola argued that the 14 polling stations represented a small fraction of the total and wouldn’t have changed the outcome, the court disagreed, citing precedents where even smaller margins justified nullification.
“The winning margin would have been significantly reduced if results from the 14 polling stations had been included. The exclusion put the first respondent’s victory in doubt,” the judgment read.
In response to the ruling, a visibly disappointed Nalukoola maintained his innocence. “I respect the court’s decision, but I categorically deny any wrongdoing. I did not campaign on polling day, and I had no knowledge of any such activities by my supporters,” he told reporters outside court.
Nambi, on the other hand, welcomed the ruling as “a victory for electoral justice and the people of Kawempe North.”
“I was confident that the truth would come out,” she said. “The people deserve a fair election where every vote counts.”
The court’s decision means that the seat for Kawempe North is now vacant, and the Electoral Commission is mandated to organize a fresh by-election, the second for the constituency in just over a year. The previous by-election had itself followed a controversial nullification.
No date has yet been set for the fresh by-election.
However, even if the EC were to organize fresh elections in Kawempe North, the timeframe will not be enough, as preparations for the 2026 general elections are ongoing.
As such, Nalukoola will have to wait for the 2026 polls.
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