The High Court in Kampala has today nullified the election of Luyimbazi Elias Nalukoola as the Member of Parliament for Kawempe North, citing election malpractice.
Justice Bernard Namanya, delivering judgment in Election Petition No. 1 of 2025, found that the Electoral Commission failed to transmit results from 14 polling stations, effectively denying the people of Kawempe North Constituency a free and fair election.
“This Court finds that the disenfranchisement of 16,640 voters put the 1st respondent’s victory in doubt and affected the result of the election in a substantial manner,” Justice Namanya ruled, adding that “the non-compliance with the provisions of the Parliamentary Elections Act was both grave and deliberate.”
The electoral commission had declared Nalukoola as the winner of the March 13th by-election with 17,939 votes, while the petitioner, Nambi Faridah Kigongo, garnered 9,058 votes. Voter turnout stood at a dismal 14.4 percent, only 28,659 out of nearly 200,000 registered voters.
But Nambi, who petitioned the court shortly after the Electoral Commission’s declaration, challenged the results, alleging massive irregularities, voter obstruction, and direct campaigning by Mr. Nalukoola on polling day, all in contravention of the law.
“Voting took place at the 14 polling stations between 7:00am and 4:00pm. However, due to chaos during vote counting, no results were declared. The Commission declared a winner without these results,” Ms. Nambi’s affidavit stated.
Her claim was not just hearsay. Affidavits from 16 polling agents and witnesses supported her assertions, many of whom detailed how violence disrupted vote counting and destroyed ballot materials, leaving entire polling stations unaccounted for.
For instance, Peace Kyogabirwe Mugabe, an Electoral Commission supervisor, confirmed, “Voting went on peacefully, but shortly after vote counting began, a violent mob interfered with the process, making it impossible to fill in Declaration of Results Forms.”
Mr. Nalukoola admitted during cross-examination that voters at those 14 stations cast ballots, but results reflected a 0% return. “It is true that voters were disenfranchised,” he told the court.
Still, he argued that the affected polling stations represented only 7.1% of the total 197 polling stations and that their inclusion wouldn’t change the outcome. But Justice Namanya disagreed.
“The law does not require the petitioner to prove that the declared candidate would have lost. It is enough to show that the margin would have been significantly reduced,” the judge said.
Citing precedents like Apollo Kantinti v. Sitenda Sebalu, the judge ruled that failure to tally votes is tantamount to disenfranchisement and contravenes constitutional and electoral principles.
In a separate but related finding, the court held that Mr. Nalukoola personally campaigned on polling day at two polling stations: Mbogo Primary School Playground (KAT–MAJ) and Kazo Angola (KAL–KZ). Witnesses, including Ms. Niwamanya Saliva and Mr. Kalenzi Medi, gave uncontested testimony that the candidate chanted slogans and urged voters to support him — actions explicitly banned under Section 100 of the Parliamentary Elections Act.
“The petitioner has proved on the balance of probabilities that the 1st respondent committed the offence of campaigning on polling day,” the judge ruled.
The court rejected the 1st respondent’s general denials and found no credible rebuttal to the petitioner’s detailed, corroborated evidence.
Notably, however, the court found insufficient evidence to sustain other allegations, such as bribery and obstruction of voters. While incidents were reported involving campaigners and local leaders, the judge ruled there was no proof linking them to Mr. Nalukoola’s knowledge or approval, a legal requirement to invalidate a candidate based on their agents’ conduct.
Citing Section 80 of the Parliamentary Elections Act, the court declared Mr. Nalukoola’s election null and void and ordered the Electoral Commission to organize fresh elections in Kawempe North.
