Kampala, Uganda: The National Unity Platform (NUP) and lawyers representing Kawempe North MP Elias Luyimbazi Nalukoola have confirmed they will appeal the High Court decision that annulled his March 2025 by-election victory, citing what they call “a legally flawed ruling that does not reflect the will of the people.”
“We reject that ruling although we respect it as a High Court pronouncement,” said George Musisi, Nalukoola’s lawyer and member of the NUP legal team. “We disagree with the judgment on many aspects. It takes democracy backwards. We are confident that if the Court of Appeal reconsiders our evidence within the framework of the law, it will overturn the decision.”
Justice Bernard Namanya on Monday, May 26, annulled Nalukoola’s election, ruling that the by-election held on March 13, 2025, violated the Parliamentary Elections Act.
In his electronically delivered ruling, the judge cited evidence showing that over 16,000 eligible voters were disenfranchised and that Nalukoola personally campaigned on polling day, both serious breaches that compromised the credibility of the vote.
The petition had been filed by NRM’s Nambi Faridah Kigongo, who lost the election after garnering 8,593 votes against Nalukoola’s 17,764.
Nambi, represented by lawyer Ahmed Mukasa Kalule, alleged voter intimidation, ballot tampering, and the disruption of polling in NRM strongholds. “We’ve successfully removed him from Parliament. Court agreed with the majority of the concerns we raised,” Kalule said after the ruling.
“This is a win for the people of Kawempe North, for the NRM CEC, and for NRM chairman [President] Museveni,” Nambi’s lawyer added.
The Electoral Commission (EC), speaking after Monday’s ruling, said it would comply with the High Court’s ruling and organize a fresh by-election. The Commission’s lead lawyer, Counsel Eric Sabiiti, told reporters in Kampala that the Commission would not challenge the ruling and was preparing logistics for a new poll, though a date had not been announced by press time.
According to the 1995 constitution of Uganda, a by-election must be held within 60 days of the official notification of a parliamentary vacancy. However, no by-election is allowed within six months of the next general election, which is due in early 2026.
NUP’s appeal now sets the stage for a potential legal battle that could determine whether Nalukoola returns to Parliament or if the people of Kawempe North will go back to the ballot box.
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