KAMPALA, Uganda The High Court in Kampala has cancelled the election of Hon. Elias Luyimbazi Nalukoola as the Member of Parliament for Kawempe Division North and ordered the Electoral Commission to organize a fresh election.
The court ruled that the by-election held earlier this year did not comply with provisions of the Parliamentary Elections Act and that the irregularities substantially affected the outcome of the election.
According to Justice Benerd Namanya, Nalukoola personally campaigned on election day at Mbogo Primary School playground (KAT-MAJ) and KAZO-ANGOLA (KAL-KZ) at LC1 office polling stations, which is an offense under section 100(1) and (b) of the parliamentary elections act.
Justice Namanya found that 16,640 voters were disenfranchised when the Electoral Commission failed to tally results from 14 polling stations following disruptions, in violation of Sections 64, 71, and 76 of the Constitution of Uganda.
”The Electoral Commission failed in its duty under the law to intervene and adjourn polling or vote counting at the questioned 14 polling stations to the next day as provided in the law and further failed to keep safe custody of electoral materials in contravention of the law.’ Justice Namaya held
Justice Namanya reached the decision to set aside the election of Nalukoola as member of parliament for Kawempe Division North and came to the conclusion that 16,640 voters in the constituency, including Nambi Faridah, were denied the right to vote, which affected the result of the election.
Justice Namanya nullified the election, declared the seat vacant, and ordered a fresh election under Sections 80 and 82 of the Act. Each party was ordered to bear its own costs.
The decision by the court in the parliamentary by-election for Kawempe Division North held on 13 March 2025 comes after a petition filed by the National Resistance Movement (NRM) and its candidate, Hon. Nambi Faridah Kigonogo, who accused the Electoral Commission of failing to return results from multiple polling stations, thereby disenfranchising thousands of voters, citing election offenses and non-compliance with the Parliamentary Elections Act (Cap. 177).
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