The High Court has nullified Elias Lukwago Nalukoola’s election as Kawempe North MP. Justice Bernard Namanya issued the ruling on May 26, 2025, citing illegal campaign-day activity and failures in vote tallying.
The court found Nalukoola, a National Unity Platform (NUP) member, guilty of campaigning on polling day. This act violates Section 100 of the Parliamentary Elections Act. The judge confirmed the violation based on multiple witness accounts.
Faridah Nambi, the National Resistance Movement (NRM) candidate, filed the petition. She accused Nalukoola and his agents of electoral malpractice. Although the court dismissed most claims — including bribery and voter obstruction — it upheld the key charge of campaign-day misconduct.
Three witnesses — Gordon Salim Saleh, Niwamanya Saliva, and Kalenzi Medi — saw Nalukoola at two polling stations between 11 a.m. and 12 p.m.. These were Mbogo Primary School playground and Kazo Angola LCI Office. Despite his general denial, Nalukoola provided no specific evidence or witnesses to challenge their testimonies.
Under cross-examination, Nalukoola admitted to moving around the constituency after voting. He claimed he was “inspecting the process.” The judge noted that this violated the law and emphasized that unchallenged testimony is considered admitted.
The court also faulted the Electoral Commission. Officials failed to tally results from 14 polling stations, affecting 16,640 voters. This group included the petitioner, who had registered at one of the affected centers.
Returning officer Henry Makabayi admitted the Commission lost all electoral materials from those stations during post-vote violence. These included ballot boxes, declaration forms, and biometric kits.
Justice Namanya criticized the Commission for failing to postpone polling or tallying, even though the law grants that option. He cited Sections 64, 71, 72, 76, and 77 of the Parliamentary Elections Act to support this point.
Nalukoola argued that the 14 polling stations represented only 7.1% of the total and that his 17,939 vote lead over Nambi’s 9,058 couldn’t be reversed. The judge disagreed, noting that the number of uncounted voters could still affect the outcome and that the process lacked integrity.
In conclusion, the court declared the Nalukoola election nullified and ordered a fresh by-election in Kawempe North. The Electoral Commission will announce the new date soon.
This ruling adds to a growing list of MPs unseated since Uganda’s 2021 elections. It also highlights persistent irregularities in the country’s electoral system.
