Nalukoola hires nine law firms to defend his victory

KAMPALA - The newly elected Kawempe North MP Elias Luyimbazi Nalukoola has lined up nine top law firms to defend his victory.

Nalukoola’s election is being challenged by Faridah Nambi Kigongo of the ruling National Resistance Movement (NRM), the runner-up in the recent polls.

The Electoral Commission (EC) gazetted Nalukoola of the opposition National Unity Platform (NUP) as the winner of the by-election with 17,939 votes against Nambi’s 9,058 votes. 

Dissatisfied with the results, Nambi filed the election petition seeking nullification of Nalukoola’s victory.

The matter is yet to be allocated to a judge for hearing. The by-election resulted from the death of Muhammad Ssegirinya in January this year.

Ten candidates took part in the by-election that was characterised by unprecedented violence that prompted several media houses to withdraw their journalists from covering polls after being targeted by security organs. 

Other candidates were Muhammad Lusswa Luwemba, Hanifah Mugerwa Karadi, Moses Nsereko, Ismail Musitwa, Henry Mubiru Kasacca, Muhamood Mutazindwa, Edward Stanley Engena and Sadat Mukiibi.

Nambi, through her lawyers led by Ahmed Kalule Mukasa, wants the court to nullify Nalukoola’s victory on the grounds of bribery, disenfranchisement and campaigning on polling day, which she argues is against the law.

The nine law firms lined up by Nalukoola to defend his victory are M/s Nyanzi, Kiboneka and Mbabazi Advocates, M/s PACE Advocates, M/s Nalukoola Advocates and Solicitors and M/s Alaka and Company Advocates.

Others are M/s Reeve Advocates, M/s Gem Chambers, M/s Ahamark Advocates, M/s Kaganzi and Company Advocates and M/s Mbabali and Company Advocates.

The law firms are currently working on the reply to Nambi’s petition.

Nalukoola is battling the case alongside the EC. In her petition, Nambi claims that there was disenfranchisement of voters at 14 polling stations whose results were never counted during the computation of results.

Nambi claims that Nalukoola campaigned on the polling day at Kawempe Mbogo Primary School playground by introducing himself to the voters that had turned up to vote by chanting his political party slogan “People Power, Our Power” and introducing himself that “yenze Nalukoola” loosely translated as “it’s me Nalukoola.

Nambi also claims that Nalukoola while at Kazo Angola (KA-KZ) polling station, he campaigned among voters who turned up to vote at that polling station by saying to the voters that “amaanyi g’abantu temugalyaamu olukwe” loosely translated as “do not betray People Power”.

Nambi further claims that Musa Kibirige and Ritah Nabakooza campaigned for Nalukoola at Bright Sparks Junior School polling station by holding his campaign poster at the polling centre and asking voters to vote for him.

Nalukoola is also accused of obstructing the voters from voting at the election contrary to section 90 of the Parliamentary Elections Act. Nambi argues that Bonny Bukenya, MP Ronald Balimwezo Nsubuga, Edward Sserunjogi, Sam Kasirye, Joseph Ssempijja, Scovia Auma, Deborah Nassanga and Fred Kibirango obstructed voters from voting at several polling stations such as at Kalanda’s compound (N-N) polling station.

In regard to disenfranchisement of the voters, Nambi argues that at least 16,640 votes at 14 polling stations were never announced and that the results were from polling stations where Nalukoola’s agents allegedly obstructed the voters.

Nambi also accuses Nalukoola of giving sh10,000 to Nathan Kyemba Muwanguzi, a registered voter at Kawempe-Mbogo primary school, to induce him to vote for him or refrain from voting for her.

On adding the EC to the petition, Nambi claims that it failed to ensure a free and secure electoral environment contrary to section 60(1) of the Parliamentary Elections Act.

Nambi also accuses the electoral body of failure to count the votes cast at the impugned polling stations and record the results in Declaration of Results Forms, and failure to collect and transmit the results of the impugned polling stations contrary to section 70 of the Parliamentary Elections Act.

Other accusations by Nambi against the electoral body include failing to keep safe custody of the electoral materials and documents used at the election contrary to section 71 of the Parliamentary Elections Act, failure to adjourn or postpone the counting of votes at the impugned polling stations and the tallying of the results of the election contrary to section 76 of the Parliamentary Elections Act.

Nambi argues that failure by the electoral body and non-compliance with the electoral laws disenfranchised several voters, including herself, a voter at Kawempe-Mbogo Primary School playground.

Nambi also claims that on the polling day between 11:00am and 12:00pm, under a jackfruit tree next to a shrine at Ouma’s place near a parking yard known as “ZION” in Kiganda Zone LCI, Ben Ntale Mukasa, a councillor at Kawempe Division belonging to the National Unity Platform political party, gave sh5,000 to George William Mawumbe, a registered voter at Clinton Junior School (KIM) polling station to induce him to vote for Nalukoola or refrain from voting for her.

Nambi also accuses Nalukoola of giving an unspecified sum of money to Geoffrey Wamukubira, a registered voter at Pentecostal Church (OZ) polling station, to induce him to vote for him.

Nambi argues that all the illegal practices were committed by Nalukoola personally or by his agents and campaigners with his knowledge and consent or approval, and therefore, the court should nullify his election and order another by-election.