Kampala, Uganda: The Electoral Commission has revealed that it will only organize a fresh by-election in Kawempe North once the Court of Appeal upholds the nullification of MP Erias Luyimbazi Nalukoola’s election, and it receives formal notification from the Clerk to Parliament confirming the seat vacancy.
The clarification from the Electoral body follows Monday’s High Court ruling that annulled the March 2025 victory of Nalukoola, the opposition National Unity Platform (NUP) candidate, who had garnered 17,939 votes, defeating ten other contenders.
Faridah Nambi, the ruling National Resistance Movement (NRM) candidate who came second with 9,058 votes, filed a petition challenging the by-election on the grounds of non-compliance with the Parliamentary Elections Act.
In his judgment delivered on Monday, May 26, Justice Bernard Namanya found that 16,640 voters were disenfranchised, and that Nalukoola illegally campaigned on polling day, thereby invalidating the election. He ordered the Electoral Commission (EC) to organize fresh polls.
Speaking to the media on Monday shortly after the High Court decision, EC spokesperson Julius Mucunguzi confirmed receipt of the ruling and noted that the Commission is currently studying the judgment and weighing options for appeal.
“Within the next 30 days, starting today, the 26th of May, we will wait to see if any of the parties has decided to appeal this judgment,” Mucunguzi said.
He reiterated that under Ugandan electoral law, an appeal to the Court of Appeal can be filed within 30 days after judgment. Nalukoola, through his legal team, has already announced plans to appeal.
Should the Court of Appeal uphold the High Court’s decision, the next step would depend on a formal declaration of vacancy from Parliament.
“That is what the law provides,” said Mucunguzi. “If there is a vacancy in Parliament following a court decision, the Clerk to Parliament shall, within 10 days, inform the Electoral Commission in writing that a vacancy has occurred. It is at that point that the discussion about conducting a by-election would be undertaken.”
The Commission is legally mandated to hold a by-election within 60 days after such notification.
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