By Our Writer
KAMPALA
The High Court’s cancelation of Hon Elias Nalukoola’s election in Kawempe North has drawn fresh legal and political battles with NUP swearing to reclaim victory.
Speaking after the ruling NUP president Robert Kyaggulanyi Ssentamu aka Bobi Wine said ” whatever they do we shall have to retake Kawempe North and Hon Nalukoola will be MP”
Meanwhile NRM insiders were starting to calculate how to do away with NUP once and for all in the supposed fresh elections as court directed.
” We don’t expect NUP to claim any victory this time. All ” efforts” will be joined for NRM. NUP era has ended” one NRM insider was overheard talking to his junior.
All this results from a critical court ruling, Monday 26, May 2025 where court sharply criticized the Electoral Commission (EC) for failing to suspend polling, vote counting, or tallying in the Kawempe North by-election, despite violent disruptions that led to the disenfranchisement of over 16,000 voters.
Justice Bernard Namanya then ruled that the EC’s omissions constituted serious non-compliance with the law and substantially affected the outcome of the election and cancelled Nalukoola’s victory.
The ruling followed a petition by NRM’s candidate Faridah Nambi Kigongo who challenged the EC’s decision to declare Elias Luyimbazi Nalukoola (NUP) as the winner despite acknowledged disruptions at 14 polling stations.
Court this said that
chaos, violence, and destruction of electoral materials, including biometric voter verification kits (BVVKs), ballot boxes, and result declaration forms, invalidated the integrity of the electoral process in those areas.
“The Electoral Commission had the power and duty under the law to adjourn polling or vote counting in the event of violence,” the judge stated.
“Its failure to do so, and its omission to safeguard electoral materials, amounted to a violation of the voters’ right to participate in free and fair elections.”
Evidence presented to the court, including affidavits from EC officials and independent witnesses, confirmed that while voting took place peacefully in many stations, violence erupted during the vote counting phase.
At stations such as Kazo-Angola and Mbogo Primary School, violent mobs reportedly attacked election staff, destroyed materials, and prevented declaration forms from being completed or results transmitted.
The EC subsequently registered 0% returns from these 14 stations — accounting for 16,640 voters — and proceeded to declare final results without including them.
However the Commission had argued that the affected stations represented only 7.1% of the total 197 polling stations and that the outcome would not have changed substantially to which the judge rejected .
“The right to vote is not limited to casting a ballot — it includes having that vote counted and respected. The disenfranchisement of over 16,000 voters in a constituency where the winning margin was 8,881 votes puts the validity of the entire result in serious doubt,” the judge ruled.
The court found that the EC had clear legal authority under Uganda’s Constitution and the Parliamentary Elections Act to postpone polling or tallying in the face of violence, as well as a duty to ensure the safe custody of election materials.
Citing precedent from earlier cases such as Electoral Commission v. Mwosuko Jacob and Apollo Kantinti v. Sitenda Sebalu, the judge held that omitting results from polling stations without following proper legal procedures was an act of non-compliance that undermined electoral integrity.
He said, “The Commission’s actions violated both Section 76 of the Parliamentary Elections Act and Article 59(1) of the Constitution, which guarantees the right to vote. The EC failed to protect that right”.
In his 50-page judgment, Justice Namanya also found that Nalukoola, who had been declared winner with 17,939 votes, personally breached electoral laws by campaigning at two polling station
“The petitioner has proved on the balance of probabilities and to the satisfaction of the court that the first respondent personally campaigned and canvassed for votes on polling day, contrary to the provisions of Section 100 of the Parliamentary Elections Act,” the judge ruled.
Quoting the court’s final orders, Justice Namanya stated: “That the election of Luyimbazi Elias Nalukoola as a Directly Elected Member of Parliament for Kawempe Division North constituency in Kampala District is set aside and the seat
The judge further ruled that, “the seat now vacant.”
Hon Nalukoola said he would respect the ruling but him , the EC and NUP were yet to announce whether they will appeal.
NUP”s Bobi Wine said earlier on that whether fresh elections or appeal they would win.
With just a few months away from the end of the 11th parliament the Electoral Commission is expected to announce the roadmap for the new election in the coming weeks.
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