Court dismisses Nalukoola’s application to cross-examine all Nambi’s witnesses
Kawempe North Member of Parliament, Elias Nalukoola(L) chats with Faridah Nambi’s lawyer Mr Ahmed Mukasa Kalule after session at the High Court Civil Division in Kampala on April 30, 2025. Photo | Juliet Kigongo
What you need to know:
- Mr Nalukoola’s legal team had initially requested permission to cross-examine 29 of the 34 witnesses presented by the petitioner, Faridah Nambi Kigongo.
- However, the court only allowed cross-examination of 10 witnesses, prompting the MP’s lawyers to file the oral application seeking to challenge the limitation.
The High Court in Kampala has dismissed an application by Kawempe North Member of Parliament Elias Nalukoola Luyimbazi, who sought leave to appeal a ruling that limited the number of witnesses his lawyers can cross-examine in an ongoing election petition.
Justice Bernard Namanya, in a ruling delivered on Monday, held that Nalukoola’s oral application was not tenable under the law, noting that interlocutory decisions in election petitions are not immediately appealable.
NRM's Faridah Nambi Kigongo, who lost in the March 13, 2025 Kawempe North by-election, addresses journalists after the court dismissed Mr Nalukoola Luyimbazi's application challenging the court's order to limit the number of her witnesses to be cross-examined on May 12, 2025. PHOTO/ ABUBAKER LUBOWA
“The law does not allow appeals against interlocutory rulings in election matters. One can only appeal after the final determination of the petition,” Justice Namanya said.
He added...." Rule 13 of the Parliamentary Elections Act provides for the expeditious disposal of election petitions within 30 days, and entertaining an appeal at this stage would derail that timeline."
Mr Nalukoola’s legal team had initially requested permission to cross-examine 29 of the 34 witnesses presented by the petitioner, Faridah Nambi Kigongo. However, the court only allowed cross-examination of 10 witnesses, prompting the MP’s lawyers to file the oral application seeking to challenge the limitation.
In dismissing the application, Justice Namanya said that even where appeals are permitted, they must raise substantial legal issues warranting intervention by the Court of Appeal.
“Cross-examination is not an absolute right. It must be granted with permission of the court and exercised within the limits of the law,” the judge noted.
He then issued fresh directives for the continuation of the hearing.
Nalukoola will cross-examine the 10 selected witnesses on Tuesday and Wednesday, May 14, 2025, starting at 9 am. Nambi has been ordered to ensure her witnesses appear without fail.
In return, Nambi will cross-examine Nalukoola’s witnesses, including the MP himself, on Thursday, May 15, 2025. Nalukoola must present all his witnesses for cross-examination on that day.
The court also ruled that the issue of legal costs will be determined after the hearing of the main petition.
The case, filed by Nambi, challenges the validity of Nalukoola’s election and includes allegations of electoral malpractice, involving both the MP and the Electoral Commission.
