Kawempe byelection: NUP's Nalukoola says to appeal against judge decision

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The lawyers representing National Unity Platform’s Elias Luyimbazi Nalukoola have vowed to appeal against a High Court ruling nullifying their candidate’s election as Kawempe North Constituency Member of Parliament (MP).

“We have already filed a notice of appeal,” one of Nalukoola’s lawyers, Geroge Musisi, said Monday, May 26, 2025.

The move follows High Court civil division judge Bernard Namanya nullifying the election of Nalukoola as Kawempe North Constituency MP, explaining that 16,640 voters in the constituency, including petitioner Faridah Nambi, were denied the right to vote.

The judge also declared Kawempe North Constituency seat vacant, on the grounds that Nalukoola campaigned on the election day, which is an offence under the law.

According to the judge, Nalukoola personally campaigned at Mbogo Primary School Playground (KAT–MAJ) and Kazo Angola (KAL–KZ) at LCI Office polling stations, which is an offence under Section 100 (1) (a) and (b) and Section 100 (2) (a) and (3) of the Parliamentary Elections Act (Cap. 177).

According to the sections, when a person contravenes the regulations, penalties not exceeding a fine of 48 currency points (sh960,000) or imprisonment not exceeding two years or both.

Fresh election order

The judge ordered the Electoral Commission (EC) to conduct fresh Kawempe North Division byelections. He noted that denying people to vote affected the result of the election in a substantial manner.

Who is Elias Nalukoola?

“The election of Nalukoola as a directly elected MP for Kawempe Division North constituency in Kampala District is set aside. Therefore, the seat is declared vacant and fresh elections should be conducted,” the judge directed.

EC speaks out

EC spokesperson Julius Mucunguzi said the body is yet to study the court’s ruling in the matter.

“We cannot talk about holding another byelection until the appeal process, which is available to any aggrieved party regarding the ruling, is exhausted,” he said. He said the period within which an appeal should be lodged is 30 days.

He added that once the appeal lodged at the Court of Appeal is heard and resolved, the commission will wait to hear from the Clerk to Parliament, Adolf Mwesige Kasaija, who will inform the commission about the vacancy.

“The commission acts on the basis of notification from the Clerk to Parliament, who pronounces that such a constituency does not have a representative and therefore acts to fill that vacancy. It is at that point that the commission takes the decision according to the laws that guide conducting by-elections,” Mucunguzi explained.

Byelection regulations

According to Article 81 of the Constitution, whenever a vacancy exists in Parliament, the Clerk to Parliament shall notify the EC in writing within 10 days after the vacancy has occurred; and a by-election shall be held within 60 days after the vacancy has occurred.

Clause 2 of the article stipulates that a by-election shall not be held within six months before the holding of a general election of Parliament.