MP Nalukoola grilled over Kawempe North by-election

The hearing of the Kawempe North parliamentary by-election petition took a heated turn on Thursday as the new area MP, Elias Luyimbazi Nalukoola, took into the witness stand to be cross-examined by lawyers of his closest contender and petitioner, Ms Faridah Nambi, who is dissatisfied with the March 13 bloody polls that left several journalists and opposition supporters arrested and/or assaulted by the military. 

Mr Nalukoola, elected on the National Unity Platform (NUP) ticket, was pressed hard by Ms Nambi’s lead counsel, Mr Ahmed Mukasa Kalule, over alleged irregularities, missing electoral results from 14 polling stations that were allegedly vandalized by goons reportedly hired by some of her party (the ruling National Resistance Movement) officials and questions surrounding his affidavit.
During cross-examination, it emerged that crucial documents that should have supported Mr Nalukoola’s response to the petition, such as DR Forms (declaration results forms), gazetted results and certified return forms, were not attached to his affidavit.

Mr Kalule questioned the intention of these omissions, asking, “Is that compliance?” to which Mr Nalukoola conceded, “No, but it did not affect the results.”
Mr Kalule further questioned whether results from 14 polling stations were ever declared or submitted to the Electoral Commission, with Mr Nalukoola admitting that no results were returned and that all candidates, including himself, got “zero” in those areas.

“If people voted and their results were not tallied, were they not disfranchised?” Mr Kalule asked.
Mr Nalukoola insisted that despite these irregularities, the overall outcome of the election was not affected. He also denied any acts of non-compliance and defended the conduct of the election, stating that even incidents like his assault by security operatives attached to the Joint Anti-Terrorist Task Force (JATT) did not materially impact the final results.

Tension rose after Mr Kalule attempted to question Mr Nalukoola on his political affiliations, symbols, and slogans, suggesting that the NUP had deployed campaign teams across the constituency. An attempt to cross-examine him on an affidavit sworn by NUP Secretary General David Lewis Rubongoya was blocked by Mr Nalukoola’s defence team, prompting sharp exchanges in court.

Ms Nambi's side had closed their case after presenting nine witnesses. Among them was Nathan Kyemba Muwanguzi, who claimed he was promised Shs1 million by the NUP camp to withdraw his affidavit but only received Shs 200,000.
 “I am still demanding the balance,” Mr Kyemba told the court.

Mr Nalukoola’s second witness, Ms Ritah Nabakooza, a woman councilor from Mpererwe Parish, was also put on the spot after photographs were displayed showing her distributing tea leaves and bread while wearing a NUP T-shirt during the campaign period. When asked about this, she confirmed the incident occurred on the first day of campaigns.
However, two other witnesses, Mawumbe and Kyemba, lined up by Mr Nalukoola had their affidavits expunged from the court record.

Justice Bernard Namanya, who is presiding over the petition, concluded the hearing of evidence and scheduled oral submissions to begin on Monday, May 19.
“The petitioner will present first, followed by the respondents on Tuesday and a rejoinder on Wednesday,” Justice Namanya held.
The court’s final ruling will either confirm Mr Nalukoola’s victory or order another by-election in one of Kampala’s most politically-charged constituencies.
[email protected]