The Electoral Commission (EC) has defended its handling of the Kawempe North by-election results, stating that it is operating within the legally prescribed timelines to gazette Elias Nalukoola, the newly elected Member of Parliament. The National Unity Platform (NUP) candidate emerged victorious in the March 13 by-election, but the delay in his swearing-in has sparked criticism from opposition figures and raised questions about the efficiency of the electoral process.

EC spokesperson Julius Mucunguzi addressed the concerns, emphasizing that the commission is adhering to the legal framework outlined in the Parliamentary Elections Act. He explained that Section 58 of the Act requires the returning officer to submit a report to the commission within seven days after the conclusion of an election. Following this, the commission has 48 hours to publish and gazette the results.

With the by-election held on March 13, Returning Officer Henry Makabayi has until the close of business on March 20 to submit the results to the EC. This means the commission has until March 22 to gazette the results, assuming the weekend is included in the timeline. Mucunguzi stressed that the EC is still well within the legal timeframe and will act in accordance with the law.

The delay in Nalukoola’s swearing-in has drawn sharp criticism, particularly from opposition leaders and Members of Parliament. Kira Municipality MP Ibrahim Ssemujju Nganda demanded an explanation from Speaker of Parliament Anita Among, who confirmed that the delay was due to the absence of the official gazette. “When a member wins, I wait for the gazette. When I get the gazette, that is when I swear in the member. So I am waiting for the gazette. I need to hear from the Electoral Commission,” Speaker Among stated.

Nalukoola won the by-election with 17,764 votes, more than double the votes received by his closest competitor, Faridah Nambi of the National Resistance Movement (NRM), who secured 8,593 votes. The by-election, which featured eight other candidates, was marred by chaotic scenes on election day, including allegations of voter intimidation and violence. Security personnel were accused of brutalizing voters, opposition leaders, and journalists, further complicating an already tense electoral process.

The NRM, which lost the election, has expressed intentions to challenge the results in court, adding another layer of controversy to the situation. Meanwhile, opposition leaders have voiced frustration over the delay in gazetting Nalukoola’s victory. Joel Ssenyonyi, an opposition leader, expressed dismay at the EC’s handling of the matter. “We are dismayed that up to now, the Electoral Commission hasn’t gazetted the person that won the Kawempe North by-election,” he said.

Ssenyonyi added that the opposition had followed up with the EC, which cited internal issues as the reason for the delay. “We don’t know what that means because in the past, it has been done in record time. Can the government tell us what has caused the delay because in the past, it has been done very quickly?” he questioned.

The delay has become particularly contentious when compared to other recent by-elections. For instance, Michael Mawanda, the winner of the Igara East by-election, was sworn in the day after his victory. This stark contrast has fueled accusations of bias and inefficiency within the EC, further eroding public trust in the electoral process.

Despite the growing political scrutiny, the EC maintains that it is acting within the law. Mucunguzi reiterated that the commission is committed to following the legal timeline and ensuring that the results are gazetted promptly. “The commission is still much within the time frame that is provided under the law, and the commission will act according to the law,” he stated.

As the deadline for gazetting the results approaches, all eyes are on the EC to fulfill its mandate and ensure a smooth transition for the newly elected MP. The Kawempe North by-election has highlighted the challenges facing Uganda’s electoral system, from allegations of violence and voter intimidation to delays in the gazetting process. For many, the timely resolution of this issue is a test of the EC’s credibility and its ability to uphold the integrity of the electoral process.

The coming days will be critical in determining whether the EC can address these concerns and restore public confidence. For now, the people of Kawempe North and the broader Ugandan public await the official gazette and the swearing-in of their elected representative, Elias Nalukoola.