The Electoral Commission has officially announced it will not challenge the High Court decision that nullified the election of Kawempe North Member of Parliament, Erias Nalukoola Luyimbazi.
The announcement was made by the Commission’s in-charge of litigation, lawyer Eric Sabiiti, following the court’s ruling earlier today.
Justice Bernard Namanya declared the Kawempe North seat vacant after a successful petition by Faridah Nambi Kigongo, the ruling National Resistance Movement (NRM) candidate.
The court found that Nalukoola, who ran on the opposition National Unity Platform (NUP) ticket, committed electoral offenses, notably campaigning on polling day — an act prohibited under electoral law.
According to evidence presented in court, Nalukoola was seen at polling stations urging voters to support him, chanting party slogans, and identifying himself as the candidate — a clear breach of Section 100 of the Parliamentary Elections Act.
The judge ruled that this act alone was sufficient to nullify the election.
Sabiiti said the Commission respects and accepts the ruling. “We appreciate and welcome the decision of court. We have taken a decision that we will not be appealing against it,” he stated.
Sabiiti acknowledged that while there may have been a basis to challenge the ruling on the grounds of “substantiality,” it would be legally unsound to do so in light of the confirmed illegal campaign practices by Nalukoola.
He emphasized that the Commission is now focused on organizing a fresh by-election, which must be held within 60 days as stipulated by law.
The court also found that over 16,000 voters across 14 polling stations were disenfranchised when their votes were not counted or included in the final tally.
Although voting had taken place at these stations, violence during the vote-counting process led to the destruction of electoral materials.
Despite this, the Commission proceeded to declare final results, a move the court determined substantially affected the election outcome.
In the March 13, 2025, election, the Electoral Commission had declared Nalukoola the winner with 17,939 votes against Nambi’s 9,058. Nambi subsequently filed a petition citing electoral malpractice, including voter bribery and irregularities in the tallying process.
While both Nalukoola and the Commission denied the allegations, the court ruled in favor of the petitioner, declaring the election null and void.
Under Section 115(2)(b) of the Parliamentary Elections Act, Nalukoola can remain in office pending the outcome of an appeal — if he chooses to file one.
As of now, the Electoral Commission has made its position clear: it will not pursue any appeal, and preparations for a new by-election are underway.
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