Elias Luyimbazi Nalukoola has filed a notice of appeal challenging a High Court ruling that annulled his victory in the Kawempe North by-election over claims of major electoral irregularities that significantly influenced the outcome.
The verdict, delivered by Justice Bernard Namanya, stated that the Electoral Commission (EC) failed to account for votes from 14 polling stations, affecting 16,640 registered voters. The judge noted that this oversight disenfranchised a substantial number of voters, including petitioner Faridah Nambi Kigongo.
Justice Namanya further found that Nalukoola had violated the Parliamentary Elections Act by actively campaigning on polling day at two voting centers—Mbogo Primary School Playground and Kazo Angola LCI Office.
As a result, the court ordered a new election for Kawempe North and directed that both parties cover their own legal costs. Nalukoola, represented by lawyer George Musisi, has since lodged an appeal, asserting that he did not engage in voter bribery and insisting that any irregularities did not meaningfully affect the election result.
Meanwhile, the Electoral Commission, which was jointly sued alongside Nalukoola for conducting a flawed election, has accepted the court’s ruling and announced it will not pursue an appeal.
“We welcome the court’s decision and have decided not to appeal,” said EC litigation counsel Eric Sabiiti.
Sabiiti acknowledged that while the Commission could have challenged the court’s interpretation of what constitutes a “substantial” irregularity, Nalukoola’s involvement in illegal election-day campaigning was a decisive factor in their choice to forgo an appeal.
“I considered appealing on the issue of substantiality, but it wouldn’t make sense to succeed when the first respondent engaged in unlawful conduct,” he added.
