KAMPALA, Uganda — A Ugandan lawmaker whose recent by-election victory was nullified by the High Court has moved swiftly to appeal the decision, signaling a protracted legal contest for the Kawempe North parliamentary seat. Luyimbazi Elias Nalukoola, representing the National Unity Platform (NUP), on Monday filed a formal notice of appeal, challenging Justice Bernard Namanya’s ruling that also mandated fresh elections for the Kampala constituency.
The High Court in Kampala on Monday, May 26, 2025, nullified the election of Nalukoola, who had emerged victorious in the parliamentary by-election for Kawempe Division North. Justice Namanya declared the seat vacant, ordering new polls and instructing each party to bear its own costs in the petition brought by Nambi Faridah Kigongo.
In his ruling, delivered via email, Justice Namanya highlighted two critical reasons for setting aside Nalukoola’s election. First, the court found that the Electoral Commission’s failure to count, declare and tally results from 14 polling stations, encompassing 16,640 registered voters, constituted a significant act of non-compliance with the Parliamentary Elections Act. This non-compliance, the court determined, substantially affected the outcome of the election.
Secondly, the court concluded that Nalukoola personally committed an election offense by campaigning and canvassing for votes on polling day. This alleged illegal practice occurred at Mbogo Primary School Playground (KAT – MAJ) and Kazo Angola (KAL – KZ) at LCI Office polling stations. Such actions are a direct contravention of Section 100 (1) (a) & (b), 100 (2) (a) and (3) of the Parliamentary Elections Act (Cap. 177).
The by-election, conducted by the Electoral Commission on March 13, 2025, saw Nalukoola declared the winner with 17,939 votes. His closest contender, Nambi Faridah Kigongo, secured 9,058 votes. The results were officially gazetted on March 24, 2025. The constituency has a total of 199,063 registered voters, though only 28,659 participated in the by-election.
Meanwhile, the Electoral Commission, which was a respondent in the petition, has expressed satisfaction with the High Court’s decision and confirmed it will not be appealing the ruling. Eric Sabiiti, in charge of litigation for the Electoral Commission, welcomed the court’s judgment, particularly noting the finding regarding the incumbent’s alleged campaigning on polling day.
“We welcome the decision of Court, we have taken a decision that we are not appealing,” Sabiiti stated. He further added that while an appeal might have been considered on other grounds, it “doesn’t make sense when there was an illegal practice committed by the first respondent (Nalukoola).”
Sabiiti also confirmed the Electoral Commission’s readiness to conduct a fresh election. “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,” he affirmed.
Nalukoola’s legal team for the impending appeal is extensive, comprising Nyanzi, Kiboneka & Mbabazi Advocates, located on Buganda Road; PACE Advocates, situated on Lumumba Avenue; Nalukoola Advocates & Solicitors at Masengere Building; Alaka & Co. Advocates on Coral Crescent; Aharmark Advocates on Parliamentary Avenue; and Reeve Advocates. The Notice of Appeal, dated May 26, 2025, was lodged at the Court of Appeal Registry, signifying the commencement of a new chapter in the Kawempe North electoral dispute.
