
Elias Luyimbazi Nalukoola, the National Unity Platform (NUP) Member of Parliament for Kawempe North, has officially appealed the High Court ruling that nullified his election. The decision, delivered by Justice Bernard Namanya on Monday, declared Nalukoola’s victory invalid due to what the court described as serious violations of electoral laws. The ruling has sparked a fresh legal battle, with Nalukoola’s legal team moving swiftly to contest the judgment in the Court of Appeal.
In a Notice of Appeal filed shortly after the court’s decision, Nalukoola expressed dissatisfaction with the ruling and indicated his intention to challenge it in its entirety. The notice, prepared by a team of lawyers from multiple law firms, stated that the MP disagreed with Justice Namanya’s conclusions and would seek a reversal of the decision. The legal consortium handling the case includes PACE Advocates, Nyanzi Kiboneka & Mbabazi Advocates, Nalukoola Advocates & Solicitors, Aharmark Advocates, Alaka & Co Advocates, and Reeve Advocates. The involvement of several legal teams highlights the significance of the case for both Nalukoola and the opposition.
Justice Namanya’s ruling followed weeks of legal arguments regarding the January 2025 by-election in Kawempe North. The court found that the electoral process was flawed, with irregularities that substantially affected the outcome. The judge specifically pointed to violations of key sections of the Parliamentary Elections Act, including Sections 80, 82(4)(c), and 82(6)(c). As a result, the court ordered Nalukoola’s removal from Parliament and directed the Electoral Commission to conduct a fresh election in the constituency.
In a notable part of the judgment, the court ruled that each party should bear its own legal costs. This decision was seen by some legal experts as an effort to promote fairness and reduce the financial burden on parties involved in public interest litigation. However, the ruling has left Nalukoola’s supporters disappointed, as he had only served in Parliament for two months before the court’s decision. His campaign had focused on accountability, good governance, and human rights, resonating with many voters in Kawempe North, a constituency with strong opposition support.
The court’s decision has also reignited debates about Uganda’s electoral system and the judiciary’s role in resolving election disputes. While some political figures have praised the ruling as a sign of judicial independence, others argue that it undermines the will of voters, particularly in urban areas where opposition candidates often perform well. Legal analysts expect the appeal to address critical questions about the extent of electoral irregularities that should lead to the nullification of an election. Nalukoola’s lawyers are likely to argue that any procedural errors in the election were not significant enough to overturn the results.
The possibility of a fresh election has already drawn attention from political parties, with both the ruling National Resistance Movement and the opposition preparing for another contest. The Electoral Commission will face scrutiny as it organizes the new election, with concerns about transparency and fairness likely to dominate discussions. Security may also be a major issue, given the history of tense political battles in Kampala.
For now, the focus shifts to the Court of Appeal, where Nalukoola’s legal team will seek to overturn the High Court’s decision. The outcome of the appeal could have far-reaching implications, not just for Kawempe North but for future election disputes in Uganda. If the court upholds the nullification, a by-election will be held, testing the strength of both the opposition and the ruling party in a key Kampala constituency.
Nalukoola’s case is the latest in a series of high-profile election petitions that have raised questions about Uganda’s electoral process. As the legal battle continues, many will be watching to see whether the courts maintain their stance on strict compliance with electoral laws or whether they will give more weight to the voters’ expressed will. Whatever the final decision, the ruling will shape political dynamics in Kawempe North and possibly influence how future election disputes are handled in the country.