Kawempe byelection petition: Ruling on witnesses for May 9

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The ruling on the authenticity of two witnesses who defected from National Resistance Movement (NRM) party candidate Faridah Nambi, to MP Elias Luyimbazi Nalukoola is expected to be delivered tomorrow, May 9, 2025.

Justice Bernard Namanya of the Civil Division of the High Court set the date, saying he will decide on that day whether to dismiss or uphold the testimonies of the key witnesses and also schedule the hearing dates for the case.

Through her lawyer, Ahmed Mukasa Kalule, Nambi accuses Nalukoola of bribing her witnesses—Nathan Kayemba Muwanguzi and George William Mawumbe to retract bribery allegations against him.

Kalule told the court that Muwanguzi and Mawumbe were originally their witnesses but were allegedly influenced and coerced by Nalukoola's witness, Ben Mukasa Ntale to defend the legislator.

Nambi accuses Ntale of violating legal procedures by persuading others to alter their testimonies and swear new affidavits in favour of Nalukoola.

Nambi accuses Ntale of violating legal procedures by persuading others to alter their testimonies and swear new affidavits in favour of Nalukoola. (File)

“The act of approaching and convincing our witnesses to make them retract their statements is unlawful and is in violation of Rule 19 of the Advocates’ Professional Code of Conduct,” Kalule stated.

Kalule argued that Nambi’s witnesses’ affidavits were obtained illegally, claiming that Nalukoola and his lawyers should have waited to cross-examine the witnesses in court.

On the other hand, Nalukoola's legal team, led by Samuel Muyizzi Mulindwa and George Musisi, argued that Nambi’s request is baseless and premature, urging the court to dismiss it. They also presented precedents from previous cases in support of their argument.

They requested the court to allow the two contested witnesses to appear for cross-examination by both parties, thereby addressing the matter through due process.

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 in accordance with 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, the 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.

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 in a fair manner.

Nambi wants the High Court to nullify Nalukoola's victory and orders the EC to hold a fresh by-election to replace the late MP Muhammad Ssegirinya, who passed away on January 9, 2025, in Lubaga hospital after battling a long illness.

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

“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 denies that 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, in accordance with the electoral guidelines issued by EC.

Election results

Nambi, who was the first runner-up among the ten 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.

MP Elias Luyimbazi Nalukoola (L) celebrates after being declared winner. (File)

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 include; 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.