NUP's Nalukoola defends his victory

The recently elected Kawempe North Member of Parliament, Elias Luyimbazi Nalukoola, has defended his victory before the High Court in Kampala, following a legal challenge from Fridah Nambi Kigongo, the National Resistance Movement’s (NRM) candidate and runner-up in the race.

In her petition, Ms Nambi contends that the Electoral Commission (EC) failed to comply with laws governing parliamentary elections by not returning results from 14 polling stations, affecting a total of 16,640 registered voters. She argues that this non-compliance substantially impacted the outcome of the election.

Mr Nalukoola, however, disputes the claim, stating that even if the results from the 14 contested polling stations were included, they would only serve to increase his already decisive majority. He cited the general voter turnout from the 83 polling stations considered by the Electoral Commission, which stood at 14.4 percent. Out of a total of 28,252 valid votes cast, he received 17,939 votes—representing 63.50 percent—while Ms. Nambi obtained 9,058 votes, accounting for 32.06 percent.

"That owing to the above trajectory reflected in the general voting trend and pattern, the inclusion of the results from the impugned 14 polling stations would only result in increasing the overall majority of the first respondent’s votes by the number of added votes," reads part of Mr Nalukoola’s affidavit.

In response to allegations that he campaigned beyond the legally allowed time, Mr Nalukoola clarified that he concluded his campaign on March 11, in full compliance with electoral guidelines issued by the EC. He also denied committing or authorizing any illegal acts during the campaign or on election day. "In specific reply to the allegations and contents therein, I did not throughout the electoral period or at any point engage in or commit any illegal practices as alleged by the petitioner," his statement reads.

The Electoral Commission has also filed its defense, rejecting Ms. Nambi’s accusations and maintaining that the election process was conducted freely and fairly. The Commission stated that it administered the election in an impartial, neutral, efficient, and transparent manner. According to court documents, the declaration of the winning candidate was based on verified results from respective polling stations, and all relevant electoral materials and documents are securely stored.

In a sworn affidavit supporting the EC’s defense, the returning officer, Mr Henry Makabayi, stated that he opened the envelopes and tallied the votes for each candidate in the presence of all contesting candidates, their agents, a police officer, and other stakeholders present at the scene.

In her petition, Ms Nambi alleges that the election was characterized by serious irregularities and electoral offenses. These include campaigning on election day, obstruction of electoral officials and voters, and the bribery of voters with money. She specifically accuses Mr. Nalukoola and his campaign team of uttering campaign slogans such as "Ye nze Nalukoola" on election day, which is prohibited by electoral laws.

She further claims that Nalukoola’s campaigners, including Julius Mutebi, musician Mathias Walukagga, and fellow artist-politician Hon. Kiyaga Hillary, also known as Dr. Hilderman, obstructed the electoral process at polling stations such as Kazo Angola (NAKK-NAMAS) at Bosa’s Road. According to court documents, the accused individuals are said to have invaded the polling stations, issued directives to electoral officials, and unlawfully accessed the voter registers—despite not being officially designated polling agents.

Ms Nambi also faults the Electoral Commission for failing to account for results from the 14 polling stations, which, she argues, disenfranchised a significant number of voters. She maintains that the winning margin—around 8,000 votes—could have been influenced by the missing results.

Represented by her lawyers at MESSRS Crane Associated Advocates, Ms Nambi is asking the court to declare that the election was not conducted in accordance with the Parliamentary Elections Act and that the resulting non-compliance significantly affected the final outcome. She is requesting that the court nullify Mr Nalukoola’s election and order a fresh poll in Kawempe North.

She further seeks a declaration that the first respondent committed illegal practices and electoral offenses prior to and on the day of the election. In addition, Ms Nambi is calling for the prosecution of Mr Nalukoola and his campaign agents for the offenses allegedly committed during the election. She also asks the court to award her the costs of the petition and any other reliefs it deems just.

The March 13 by-election was marred by a heavy security presence, with numerous reports of violence. Several opposition supporters and more than twenty journalists were reportedly arrested or brutalized by security operatives during the voting exercise.

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