Kawempe by-election: Court rejects MP Nalukoola’s plea on witnesses

KAMPALA - The High Court in Kampala has dismissed an application by Kawempe North MP Elias Luyimbazi Nalukoola to appeal against its decision, disallowing the prayer for cross-examination of National Resistance Movement candidate Faridah Nambi’s 31 witnesses.

Last Friday, Nalukoola had applied to cross-examine all the witnesses, but Justice Bernard Namanya of the Civil Division of the High Court reduced the number of witnesses to be cross-examined from 31 to 10. The court also allowed Nambi to cross-examine only six Nalukoola’s witnesses.

The judge agreed with Nambi’s lawyers, led by Ahmed Mukasa Kalule, that it was not necessary to cross-examine all the witnesses because what the witnesses stated in their affidavits was what Nalukoola agreed in his defence.

Majority of Nambi’s witnesses said there were no results in 14 polling stations, which is one of the grounds for the petition. However, in Nalukoola’s answer to the petition, he stated that it is true there were no results from the 14 polling stations, a fact also repeated by the Electoral Commission.

The judge, on Monday (April 12), dismissed Nalukoola’s application for leave to appeal against interlocutory decisions of the High Court, citing that such applications may delay the Kawempe North by-election petition from being completed on time.

The judge agreed with Nambi’s lawyers that the law does not permit Nalukoola to appeal against interlocutory decisions of the High Court when it is hearing an election petition.

The appeal is only allowed once the petition has been heard and determined.

Rule 13 of the Parliamentary Election Petition Rules requires that the petition be heard and determined within 30 days from the date the hearing starts. The court stated that it will hear the petition within three days, starting today (Tuesday).

Faridah Nambi of the National Resistance Movement speaking to her lawyer Ahmed Mukasa Kalule, after the hearing of a petition in which she is challenging the victory of Kawempe North MP Elias Luyimbazi Nalukoola. (Credit: Michael Odeng)

Petition

In a petition dated April 11, 2025, Nambi seeks a declaration that there was non-compliance with the provisions of the Parliamentary Elections Act relating to elections, in that there was a failure to conduct the election in accordance with the provisions laid down in the Act, and that this failure and non-compliance substantially affected the results of the election.

Through her lawyers from Messrs Crane Associated Advocates, Nambi contends that, whereas voting took place within the regular voting time of 7:00am to 4:00pm, the EC failed to return the results of 14 polling stations with a total number of registered voters of 16,640, yet declared a final result of the election contrary to the law.

Nambi also accuses Nalukoola of committing several electoral offences, including bribery of voters with money and other household items, campaigning on polling day and obstructing electoral officials.

She equally faults the EC for failing in its duty to conduct and oversee the Kawempe by-election in a fair manner.

Nambi wants the High Court to nullify Nalukoola's victory and orders the EC to hold a fresh by-election to replace the late MP Muhammad Ssegirinya, who passed away on January 9, 2025, in Lubaga hospital after battling a long illness.

In rebuttal, On the other hand, Nalukoola, through his lawyers led by Samuel Muyizzi Mulindwa and George Musisi, argue that Nambi’s request is baseless and premature, urging the court to dismiss it.

Nalukoola asserts that the general voter turnout in respect of the impugned election from the 83 polling stations considered by EC was at 14.4%.

“Whether or not the results from the impugned polling stations are included, going by the voting trend and patterns in the general election, I would still be the winning candidate in so far as the margin would not be affected substantially even if the petitioner had won in the majority of the impugned polling station,” Nalukoola contends.

Nalukoola denies that he did not campaign amongst the voters who turned up to vote at Mbogo Primary School playground, or any other places, as alleged by Nambi on the polling day.

He contends that his campaign in the impugned elections stopped on March 11, 2025, in accordance with the electoral guidelines issued by EC.

Faridah Nambi of the National Resistance Movement speaking to her lawyers after the hearing of a petition in which she is challenging the victory of Kawempe North MP Elias Luyimbazi Nalukoola. (Credit: Michael Odeng)

Election results

Nambi, who was the first runner-up among the ten contenders, initially secured 8,593 votes, but these votes later increased to 9,058, as indicated in the notice published in the Uganda Gazette by the Electoral Commission.

The election was won by Nalukoola, who had received 17,764 votes, but was later revised to 17,939 according to the Gazette notice published.

The other candidates include: Sadat Mukiibi aka Khalifah Aganaga (FDC), Henry Kasacca Mubiru (DP), Ismail Mubiru (DP), Ismail Musiitwa (PPP), Muhammed Lusswa Luwemba(independent), Hanifah Karadi Murewa(independent), Mahamood Mutuzindwa(independent), Moses Nsereko(independent) and Stanley Edward Maitum Engena (independent).

On March 24,202, the EC published the results in the Uganda Gazette, officially confirming Nalukoola as the duly elected Member for Kawempe North.