Nalukoola appeals Kawempe North by-election nullification
Elias Luyimbazi Nalukoola has filed a notice of appeal challenging the High court’s decision that nullified his Kawempe North by-election, citing serious electoral irregularities that the court said substantially impacted the final outcome.
The judgment, delivered by Justice Bernard Namanya, found that the Electoral Commission (EC) failed to count, declare, and tally results from 14 polling stations with 16,640 registered voters, a lapse the court said disenfranchised a significant portion of the electorate, including Faridah Nambi Kigongo, the petitioner.
Justice Namanya also ruled that Nalukoola had personally campaigned on election day at two polling stations; Mbogo Primary School Playground and Kazo Angola LCI Office, in violation of the Parliamentary Elections Act.
The court ordered a fresh election in Kawempe North and ruled that each party bear its own costs in the petition. However, Nalukoola, through his legal team led by George Musisi, has filed a notice of appeal against the ruling.
He maintains that he did not bribe voters and argues that even if irregularities occurred, they were not substantial enough to alter the election outcome. Meanwhile, the Electoral Commission, which had been jointly sued with Nalukoola for conducting an election deemed non-compliant with the law, has welcomed the court’s decision and confirmed it will not appeal.
“We appreciate and welcome the decision of the court. We have taken a decision that we will not be appealing against it,” said Eric Sabiiti, the Commission’s litigation counsel.
Sabiiti noted that while the Commission could have challenged the court’s interpretation of “substantiality,” the finding that Nalukoola engaged in illegal campaigning on polling day was a compelling reason not to proceed with an appeal.
“I would have appealed on the substantiality issue, but it wouldn’t make sense if I succeed when there is an illegal practice committed by the first respondent,” he added.
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