The High Court has nullified the election of Luyimbazi Elias Nalukoola as the Member of Parliament for Kawempe Division North, Kampala, citing gross electoral irregularities and voter disenfranchisement.
In a ruling delivered on Monday, Justice Bernard Namanya declared the seat vacant and directed the Electoral Commission to organize a fresh election for the constituency.
The judgment followed a petition filed by National Resistance Movement (NRM) candidate Faridah Nambi, who challenged the victory of Opposition National Unity Platform (NUP) candidate Elias Luyimbazi Nalukoola in a hotly contested by-election.
Nambi alleged that the electoral process was marred by bribery, voter obstruction, and intimidation.
Justice Namanya upheld Nambi’s claims, stating that 16,640 voters in Kawempe North, including the petitioner Faridah Nambi Kigongo herself, were denied the right to vote a situation that significantly affected the outcome of the election.
“Luyimbazi Elias Nalukoola personally campaigned on election day at Mbogo Primary School Playground (KAT – MAJ) and Kazo Angola (KAL – KZ) at LCI Office polling stations which is an offence under Section 100 (1) (a) and (b) and Section 100 (2) (a) and (3) of the Parliamentary Elections Act (Cap. 177),” Justice Namanya stated.
The court further noted that the offence of obstructing voters from voting was committed by Nalukoola’s agents Kibirango Fred, Stuart Mulindwa, Kyeswa John David, and Semujja Hakim.
“However, there is no evidence to prove that these agents committed the election offence with the knowledge and consent or approval [of] the first respondent (Nalukoola),” the judge clarified.
Despite the lack of direct linkage between Nalukoola and his agents’ misconduct, the court ruled that the combined irregularities substantially impacted the election results.
As a result, Justice Namanya annulled Nalukoola’s election and ordered a fresh poll in Kawempe North.
Each party was also directed to bear its own costs in the suit.
