By Milton Niinga
Elias Luyimbazi Nalukoola, the former Member of Parliament for Kawempe North, has filed an appeal challenging the High Court ruling by Justice Bernard Namanya, which nullified his election.
The ruling, delivered on May 26, 2025, faulted the Electoral Commission for failing to comply with the Parliamentary Elections Act during the March 13, 2025, by-election. Justice Namanya ordered fresh polls, citing irregularities that he said had substantially affected the outcome of the election.
Nalukoola files appeals against court nullification. (Photo by Milton Niinga)
In his ruling, Namanya cited the disenfranchisement of 16,640 voters, including the petitioner, Faridah Nambi Kigongo, who were denied the right to vote, thereby affecting the overall result.
The judge also found that Nalukoola had unlawfully campaigned on election day, a violation of the Parliamentary Elections Act.
“Nalukoola was found to have personally campaigned on election day, which is unlawful under Section 100(1)(a) and (b) and Section 100(2)(a) and (3) of the Parliamentary Elections Act (Cap 277). This occurred at Mbogo Primary School playground (KAT-MAJ) and Kazo Angola polling station (KAL–KZ),” Justice Namanya ruled.
Nalukoola’s legal team had earlier attempted to appeal a court decision limiting their cross-examination of witnesses. However, the court dismissed the application, insisting that the matter proceed within the strict 30-day timeline prescribed by the law.
Following the court ruling, Nalukoola wasted no time. On Monday evening, he filed an appeal with the Court of Appeal through his lawyers, Crane Associated Advocates, challenging Justice Namanya’s judgment.
“Take notice that the appellant, Elias Luyimbazi Nalukoola, is dissatisfied with the judgment of Justice Bernard Namanya of the High Court of Uganda (Civil Division) delivered on May 26, 2025,” reads the notice of appeal seen by this reporter.
“He intends to appeal to the Court of Appeal of Uganda against the said judgment,” it added.
The NRM’s party flagbearer Faridah Nambi voting at Mbogo polling station during which her vote was not counted when the boxes were destroyed by UPDF soldiers. (Photo by Milton Niinga)
The High Court ruling followed a successful petition by Faridah Nambi Kigongo of the National Resistance Movement (NRM), leading to the nullification of Nalukoola’s victory and the call for a by-election.
Justice Namanya ruled that Nalukoola’s personal involvement in campaigning on election day, coupled with incidents of intimidation and violence, tainted the credibility of the electoral process.
Nalukoola, a candidate for the National Unity Platform (NUP), won the Kawempe North by-election held on March 13, 2025, with 17,939 votes. His closest challenger, NRM’s Faridah Nambi, garnered 9,058 votes.
The NRM promptly announced its intention to legally challenge the results, leading to intense courtroom battles. Several witnesses accused Nalukoola of benefiting from a fraudulent election marred by destruction at 15 polling stations where results were never tallied.
The controversial election also saw over 15 journalists assaulted by masked Uganda People’s Defence Forces (UPDF) personnel, with some sustaining permanent injuries.
Torch Media Africa