Published on 27/05/2025
Kawempe North Member of Parliament Elias Luyimbazi Nalukoola has filed a notice of appeal challenging Monday’s High Court decision that nullified his election, citing serious irregularities that substantially affected the outcome of the vote.
The ruling, delivered by Justice Bernard Namanya, found that the January 2025 by-election was marred by procedural flaws including the failure by the Electoral Commission to count, declare and tally results from 14 polling stations, which disenfranchised over 16,000 voters, including the petitioner, NRM candidate Faridah Nambi Kigongo. The court also found that Nalukoola campaigned on election day, which contravenes the Parliamentary Elections Act.
Justice Namanya declared the Kawempe North parliamentary seat vacant and ordered the Electoral Commission to organize a fresh election. While ruling on costs, the judge ordered that each party bears its own legal expenses, a move some legal analysts interpreted as an effort to promote fairness in public interest litigation.
Nalukoola, who ran on the National Unity Platform (NUP) ticket and had served just two months in the 11th Parliament, filed a formal notice of appeal the same day.
The notice was prepared by a consortium of law firms including PACE Advocates, Nyanzi Kiboneka & Mbabazi Advocates, Nalukoola Advocates & Solicitors, Aharmark Advocates, Alaka & Co. Advocates, and Reeve Advocates.
In the notice, Nalukoola expressed dissatisfaction with the High Court’s decision and declared his intention to appeal the ruling in its entirety to the Court of Appeal.
The National Unity Platform has also denounced the ruling as politically motivated and legally flawed. The party’s Secretary General, David Lewis Rubongoya, posted on X, calling it “a day of infamy,” and questioned the court’s basis for nullifying Nalukoola’s election.
Nalukoola, a human rights lawyer and vocal government critic, won the Kawempe North seat in a by-election held on March 13, 2025, following the death of former MP Muhammad Ssegirinya. His sudden removal from office has sparked anxiety among opposition supporters, given his outspoken stance on governance, police brutality, and electoral reforms.
