KAMPALA-Electoral Commission one of the respondents in the just concluded Kawempe North election petition in which court has nullified the election of Nalukoola Luyimbaazi as the member of Parliament is contented with the court decision.
“We welcome the decision of Court, we have taken a decision that we are not appealing , we are considering a ground that the incumbent campaigned on the polling day.” Remarked Eric Sabiiti in charge of Litigation
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He also added that he would have appealed, but doesn’t make sense when there was an illegal practice committed by the first respondent (Nalukoola)
“The law gives Electoral Commission sixty days to hold fresh elections after the seat has been declared vacant and we are ready for the by election.”
In the court decision delivered by High court Bernard Namanya via mail on Monday, he acused Nalukoola of violating election laws and regulations by campaigning on the polling day.
“This court has reached the decision to set aside the election of Luyimbaazi Elias Nalukoola as a Member of Parliament for Kawempe Division North constituency for two main reasons: (I)16,640 voters in the constituency including Nambi Faridah Kigongo were denied the right to vote (disenfranchised) which affected the result of the election in a substantial Manner.”
The second ground was that Luyimbaazi Elias Nalukoola personally campaigned on Election day at Mbogo Primary School Playground (KAT – MAJ) and Kazo Angola (KAL – KZ) at LCI Office polling stations which is an offence under Section 100 (1) (a) and (b) and Section 100 (2) (a) and (3) of the Parliamentary Elections Act (Cap. 177).
