UPDATE: EC WON’T APPEAL COURT DECISION, READY FOR FRESH BY-ELECTION

The Petitioner Faridah Nambi Kigongo (left) speaking to the Electoral Commission Lawyer Eric Sabiiti and another official at the High Court in Kampala.

URN

The Electoral Commission, through its in-charge of litigation, lawyer Eric Sabiiti, has announced that it will not appeal the High Court decision that nullified the election of Kawempe North Member of Parliament Erias Nalukoola Luyimbazi.

Earlier today, Justice Bernard Namanya declared the Kawempe North seat vacant following a successful petition by the ruling National Resistance Movement (NRM) candidate Faridah Nambi Kigongo.

The Judge ruled that Nalukoola committed electoral offenses, including campaigning on polling day by telling voters, “Yenze Nalukoola” (It’s me, Nalukoola), at a polling station.

As a result, the Judge ordered the Electoral Commission to conduct a fresh election. Speaking to Uganda Radio Network, Sabiiti said the Commission has accepted the court’s findings and will not file an appeal.

“We appreciate and welcome the decision of court. We have taken a decision that we will not be appealing against it,” said Sabiiti.

He explained that the Commission respects the finding that Nalukoola campaigned on Election Day — a serious violation under electoral laws. Sabiiti added that this ground alone is sufficient to warrant the nullification of the election.

“I would have appealed on the substantiality issue, but it wouldn’t make sense if I succeeded while there is an illegal practice committed by the first respondent (Nalukoola),” he said.

Sabiiti emphasized that, as per the law, the Electoral Commission has 60 days to organize a fresh by-election and that preparations are already underway.

Nambi had accused the Electoral Commission of conducting an election that was neither free nor fair, citing noncompliance with electoral laws. On March 13, 2025, the Electoral Commission declared Nalukoola, the opposition National Unity Platform (NUP) candidate, the winner with 17,939 votes, against Nambi’s 9,058.

Dissatisfied, Nambi petitioned the High Court seeking a fresh election, citing widespread electoral malpractice and irregularities, including allegations of voter bribery.

She alleged that Nalukoola bribed voters with cash—UGX 10,000 to Kyemba Muwanguzi Nathan, UGX 5,000 to Mawumbe George William, and Wamukubira Geoffrey, among others.

While the Commission denied these allegations, maintaining that the election had been conducted in line with the Constitution and electoral laws, Nalukoola also insisted he had never bribed voters and that any irregularities were insignificant.

However, in his judgment delivered via email, Justice Namanya found that the election violated key provisions of the Parliamentary Elections Act. He ruled that Nalukoola personally breached Section 100 of the Act by campaigning on Election Day.

Evidence presented in court showed that he appeared at Mbogo Primary School Playground and Kazo Angola polling stations, chanted party slogans, and urged voters to support him—actions that disrupted polling.

The court also found that the Electoral Commission disenfranchised 16,640 voters across 14 polling stations by failing to count, declare, and include their votes in the final tally. Although voting took place, violence during the vote-counting process led to the destruction of election materials.

Despite this, the Commission declared final results without accounting for the affected polling stations, a move the court ruled had a substantial impact on the outcome.

Justice Namanya dismissed Nalukoola’s argument that the results from those polling stations would not have changed the final result, calling it speculative and unsupported by evidence.

As a result, the court declared Nalukoola’s election null and void, declared the Kawempe Division North seat vacant, and directed the Electoral Commission to conduct a fresh by-election.

According to Section 115(2)(b) of the Parliamentary Elections Act, when a candidate’s victory is challenged in court, the filing of an appeal can stay the execution of a nullification ruling.

In other words, Nalukoola can remain MP until the Court hears and determines his appeal, if he chooses to file one, or until he withdraws it.