The Electoral Commission of the ruling National Resistance Movement (NRM) has welcomed the High Court’s decision to nullify the election of Elias Luyimbazi Nalukoola as the Member of Parliament for Kawempe North, following a successful petition that cited electoral malpractice.
NRM Electoral Commission chairperson Dr. Tanga Odoi, while reacting to the ruling, said the party respects the court’s decision and will prepare to participate in the forthcoming by-election.
“I have not seen the full ruling yet, but I believe the grounds were rational. We shall organize our house and go for elections,” said Dr. Odoi.
He further noted that all aggrieved parties have a constitutional right to appeal the decision.
The judgment, delivered by Justice Bernard Namanya at the High Court in Kampala, followed a petition by Faridah Nambi, the NRM flagbearer in the contested race. Nambi challenged the validity of Nalukoola’s election, citing voter bribery, intimidation, and widespread irregularities that she argued compromised the credibility of the electoral process.
The court found that the election had not been conducted in accordance with the law and that the malpractices significantly affected the outcome. Justice Namanya based his ruling on provisions of the Parliamentary Elections Act (Cap. 177):
Section 82(4)(c) – which allows for nullification if non-compliance with electoral laws affects the results in a substantial manner.
Section 82(6)(c) – which provides for nullification in cases involving bribery, intimidation, or other illegal practices.
Consequently, the court declared the Kawempe North seat vacant and directed the Electoral Commission to organize fresh elections in accordance with the law.
However, lawyers representing Elias Luyimbazi Nalukoola expressed dissatisfaction with the ruling and announced their intention to appeal the judgment at the Court of Appeal.
“We are confident that the Court of Appeal will overturn this decision. Our client was duly elected by the people of Kawempe North, and the court erred in its findings,” one of Nalukoola’s legal representatives told reporters.
Nalukoola, representing the National Unity Platform (NUP), secured 17,939 votes, defeating his closest rival, Faridah Nambi of the National Resistance Movement (NRM), who garnered 9,058 votes.
The ruling now sets the stage for a heated by-election in one of Kampala’s most politically competitive constituency.