The High Court in Kampala has nullified the election of Luyimbazi Elias Nalukoola as the Member of Parliament for Kawempe Division North, citing illegal practices and gross non-compliance with electoral laws that substantially affected the results.
In a judgment delivered by Justice Bernard Namanya, the court ruled that the Electoral Commission failed in its constitutional duty to protect the right to vote, leading to the disenfranchisement of over 16,000 registered voters in 14 polling stations during the March 13, 2025 by-election.
Nalukoola, who was declared the winner with 17,939 votes against Nambi Faridah Kigongo’s 9,058, saw his victory nullified after the court found that he personally campaigned on polling day — an offence under the Parliamentary Elections Act.
“The petitioner has proved on the balance of probabilities that the first respondent personally campaigned on election day,” the court held, citing unchallenged eyewitness accounts of Nalukoola chanting party slogans and soliciting votes at two polling stations.
Justice Namanya also faulted the Electoral Commission for declaring results without counting or tallying votes from the 14 affected polling stations, representing 16,640 registered voters. Evidence showed that while voting occurred, the vote-counting process was disrupted by violence, and the Commission neither safeguarded materials nor rescheduled counting as required by law.
“The disenfranchisement of voters was a violation of their constitutional right to vote. It put the 1st respondent’s victory in doubt and affected the result in a substantial manner,” the judgment reads.
The judge dismissed additional allegations of bribery and voter obstruction, ruling that while some of the 1st respondent’s agents engaged in malpractice, there was no sufficient evidence linking their actions to the candidate’s knowledge or consent.
Based on findings of illegal conduct and irregularities that undermined the integrity of the election, the court set aside the results, declared the seat vacant, and ordered the Electoral Commission to organize a fresh election.
This ruling marks a major victory for Nambi Faridah Kigongo, who had petitioned the court seeking nullification of Nalukoola’s election, citing several electoral offences and widespread voter suppression.
The Electoral Commission and the affected candidate are yet to indicate whether they will appeal the decision.