Court to hear Kawempe North byelection petition within three days

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The Civil Division of the High Court in Kampala is expected to hear Kawempe North byelection petition within three days.

In the petition, National Resistance Movement (NRM) party candidate Faridah Nambi, is challenging the election of Elias Luyimbazi Nalukoola as Kawempe North MP, arguing that the Electoral Commission (EC) failed to return the results of 14 polling stations.

The court is being presided over by Justice Bernard Namanya.

The hearing of the petition kicks off today (May 13, 2025) with the cross-examination of Nambi’s 10 witnesses by Nalukoola’s legal team led by led by Samuel Muyizzi Mulindwa and George Musisi. Nambi is being represented by Ahmed Mukasa Kalule.

Rule 13 of the Parliamentary Election Petition Rules requires that the petition be heard and determined within 30 days from the date the hearing starts.

The petition

In a petition dated April 11, 2025, Nambi seeks a declaration that there was non-compliance with the provisions of the Parliamentary Elections Act relating to elections, in that there was a failure to conduct the election following the provisions laid down in the Act, and that this failure and non-compliance substantially affected the results of the election.

Through her lawyers from Messrs Crane Associated Advocates, Nambi contends that, whereas voting took place within the regular voting time of 7:00 am to 4:00 pm, EC failed to return the results of 14 polling stations with a total number of registered voters of 16,640, yet declared a final result of the election contrary to the law.

National Resistance Movement's (NRM) Faridah Nambi. (File photo)

Nambi also accuses Nalukoola of committing several electoral offences, including bribery of voters with money and other household items, campaigning on polling day and obstructing electoral officials.

She equally faults the EC for failing in its duty to conduct and oversee the Kawempe byelection fairly.

Nambi wants the High Court to nullify Nalukoola's victory and order EC to hold a fresh byelection to replace the late MP Muhammad Ssegirinya, who passed away on January 9, 2025, in Kampala city-based Rubaga Hospital after battling a long illness.

Baseless and premature

In rebuttal, On the other hand, Nalukoola, through his lawyers led by Samuel Muyizzi Mulindwa and George Musisi, argues that Nambi’s request is baseless and premature, urging the court to dismiss it.

Nalukoola asserts that the general voter turnout in respect of the impugned election from the 83 polling stations considered by EC was at 14.4%.

Elias Luyimbazi Nalukoola, Kawempe North MP. (File photo)

“Whether or not the results from the impugned polling stations are included, going by the voting trend and patterns in the general election, I would still be the winning candidate in so far as the margin would not be affected substantially even if the petitioner had won in the majority of the impugned polling station,” Nalukoola contends.

Nalukoola says he did not campaign amongst the voters who turned up to vote at Mbogo Primary School playground, or any other places, as alleged by Nambi on the polling day.

He contends that his campaign in the impugned elections stopped on March 11, 2025, following the electoral guidelines issued by the EC.

Election results

Nambi, who was the first runner-up among the 10 contenders, initially secured 8,593 votes, but these votes later increased to 9,058, as indicated in the notice published in the Uganda Gazette by the Electoral Commission.

The election was won by Nalukoola, who had received 17,764 votes, but was later revised to 17,939 according to the Gazette notice published.

The other candidates were Sadat Mukiibi aka Khalifah Aganaga (FDC), Henry Kasacca Mubiru (DP), Ismail Mubiru (DP), Ismail Musiitwa (PPP), Muhammed Lusswa Luwemba (independent), Hanifah Karadi Murewa (independent), Mahamood Mutuzindwa (independent), Moses Nsereko (independent) and Stanley Edward Maitum Engena (independent).

On March 24, 2025, the EC published the results in the Uganda Gazette, officially confirming Nalukoola as the duly elected Member for Kawempe North.