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Lawyers representing National Unity Platform (NUP) politician Elias Luyimbazi Nalukoola have announced plans to challenge the High Court’s decision that nullified his election as Member of Parliament for Kawempe North Constituency.

“We have already filed a notice of appeal,” said George Musisi, one of Nalukoola’s legal representatives, on Monday, May 26, 2025.

This follows a ruling by High Court Civil Division Judge Bernard Namanya, who nullified Nalukoola’s election on grounds that 16,640 voters in the constituency—including petitioner Faridah Nambi—were denied the opportunity to vote.

The judge also cited electoral malpractice, noting that Nalukoola personally campaigned on election day at Mbogo Primary School Playground (KAT–MAJ) and Kazo Angola (KAL–KZ) at LCI Office polling stations. This, according to Judge Namanya, violated Section 100 (1)(a) and (b) and Section 100 (2)(a) and (3) of the Parliamentary Elections Act (Cap. 177), which prohibits campaigning on polling day. The law prescribes penalties of up to 48 currency points (equivalent to UGX 960,000), imprisonment for up to two years, or both.

As a result, the court declared the Kawempe North seat vacant and instructed the Electoral Commission (EC) to organize a fresh by-election, ruling that the irregularities had significantly affected the outcome of the election.

Who is Elias Nalukoola?

Elias Nalukoola was elected as the directly elected Member of Parliament for Kawempe Division North in Kampala District, a victory now overturned by the High Court.

EC responds

Julius Mucunguzi, spokesperson for the Electoral Commission, said the commission is currently reviewing the court’s decision.

“We cannot make any commitments regarding a new by-election until the appeal process, which any aggrieved party is entitled to, is concluded,” he said. Mucunguzi explained that an appeal must be filed within 30 days, after which the EC will await notification from the Clerk to Parliament, Adolf Mwesige Kasaija, regarding the vacancy.

“The Electoral Commission only acts once it receives formal communication from the Clerk to Parliament indicating that a constituency seat is vacant. At that point, the commission proceeds with preparations for a by-election in accordance with the law,” he added.

By-election procedures

Under Article 81 of the Constitution, when a parliamentary seat becomes vacant, the Clerk to Parliament must inform the Electoral Commission in writing within 10 days. A by-election must then be held within 60 days of the vacancy. However, Clause 2 of the article stipulates that no by-election shall be conducted within six months of the next general parliamentary election.