By URN
The High Court in Kampala has nullified the election of Erias Nalukoola Luyimbazi as the Member of Parliament for Kawempe North and ordered a fresh by-election. The ruling, delivered by Justice Bernard Namanya, followed a successful petition by Faridah Nambi Kigongo of the National Resistance Movement (NRM), who challenged Nalukoola’s election on grounds of electoral malpractice.
In his judgment, Justice Namanya cited two main reasons for the nullification. Firstly, the court found that 16,640 voters in the constituency, including the petitioner Faridah Nambi, were disenfranchised, which the judge said “affected the result of the election in a substantial manner.”
Secondly, the court held that Nalukoola personally campaigned on polling day at Mbogo Primary School Playground and Kazo Angola LCI Office polling stations, contrary to Section 100 (1)(a) and (b), and Section 100 (2)(a) and (3) of the Parliamentary Elections Act (Cap. 177). Such conduct amounts to an electoral offence.
“This court has reached the decision to set aside the election of Luyimbazi Elias Nalukoola as a Member of Parliament for Kawempe Division North constituency for two main reasons: i) 16,640 voters in the constituency including Nambi Faridah Kigongo were denied the right to vote (disenfranchised) which affected the result of the election in a substantial manner,” reads part of the judgment.
Justice Namanya declared that the election of Luyimbazi Elias Nalukoola is set aside. The Kawempe North parliamentary seat is now vacant, and the Electoral Commission has been directed to conduct a fresh election. Each party has been ordered to bear their own legal costs. The Electoral Commission is now expected to set a date for the by-election.
