Court sets date for preliminary hearing in Kawempe North by-election petition
President Museveni hands the NRM flag to the party candidate in Kawempe North by-election, Ms Faridah Nambi as he addressed a rally on on March 12, 2025 . PHOTO/ PPU
What you need to know:
- The Electoral Commission has refuted Nambi's petition, arguing that the election was free, fair, and administered in an impartial, neutral, efficient, accurate, accountable, and verifiable manner.
The High Court in Kampala will on Wednesday April 30 hold a preliminary hearing of the election petition challenging the victory of Mr Elias Nalukoola of the opposition National Unity Platform (NUP) party.
The court set the date for all parties to agree on the facts that will guide the trial judge during the hearing of the matter.
"Take notice that a scheduling conference of this case has been fixed for April 30, 2025, at 9:00 am o'clock or as soon thereafter as the Conference can be conducted in the Court," reads part of a court document signed by registrar Mr Simon Kintu Zirintusa.
Adding, "...No appearance is made on your behalf by yourself, your pleader or by someone by law authorised to act for you, the conference will be conducted in your absence."
The National Resistance Movement (NRM) candidate, Ms Faridah Nambi Kigongo, contested the Kawempe North by-election results, alleging electoral offenses and irregularities.
She claims that the election was marred by campaigning on election day, obstruction of election officials and voters, and acts of bribery.
“Your Petitioner contends that there was non-compliance with the provisions laid down in the Parliamentary Elections Act relating to elections and that the non-compliance and failure to hold the elections in accordance with those provisions affected the result of the election in a substantial manner,” reads part of the court documents.
Kawempe North Member of Parliament Elias Luymbazi Nalukoola.
Ms Nambi accuses Mr Nalukoola and his camp of committing several electoral offenses, including campaigning on Election Day by uttering phrases such as "Ye nze Nalukoola," obstruction of election officials and voters, and bribery of voters with money.
“On election day, the first respondent's (Nalukoola) agents and campaigners Julius Mutebi, Mathias Walukagga and Hon. Kiyaga Hillary aka 'Dr Hilderman' obstructed election officers at Kazo Angola (NAKK-NAMAS) at Bosa's Road polling station by invading the polling station, ordering election officials on what to do and checking voters' registers or rolls to confirm voters even though they were not the designated polling agents for the first Respondent at that polling station, among others,” the court documents further read.
She also accuses the Electoral Commission of non-compliance with laws governing parliamentary elections by failing to return results from 14 polling stations, affecting a total of 16,640 registered voters.
Through her lawyers at MESSRS Crane Associated Advocates, Ms Nambi is seeking a court declaration that there was non-compliance with the provisions of the Parliamentary Elections Act and that the failure to conduct the election in accordance with the law substantially affected the results.
However, Nalukoola denies committing any electoral offenses, including bribery, campaigning on polling day with his slogan "Nze Nalukoola," and obstructing election officials and voters, as alleged by Ms Nambi.
In its defense, the Electoral Commission has also refuted Nambi's petition, arguing that the election was free, fair, and administered in an impartial, neutral, efficient, accurate, accountable, and verifiable manner.
The Commission further stated that the declaration of the winning candidate was based on verifiable results from the respective polling stations.
