The High Court in Kampala has dismissed an application by Kawempe North Member of Parliament, Erias Nalukoola Luyimbazi, seeking permission to appeal a ruling that limited the number of witnesses he could cross-examine in an ongoing election petition.
The petition was filed by Faridah Nambi Kigongo, the ruling NRM party candidate, who is challenging Nalukoola’s victory in the March 13, 2025 parliamentary elections.
Nambi accuses Nalukoola of committing several electoral offenses, including voter bribery, and submitted affidavits from witnesses claiming he distributed between Shs5,000 and Shs10,000 to influence votes.
In response, Nalukoola’s legal team, led by Muhammad Mbabazi, had requested permission to cross-examine 29 out of 34 witnesses presented by Nambi.
However, the court allowed cross-examination of only 10 witnesses, denying access to the remaining 19.
Dissatisfied with the ruling, Nalukoola’s lawyer Samuel Muyizzi Mulindwa made an oral application before Justice Bernard Namanya of the Civil Division, seeking leave to appeal the decision.
Muyizzi argued that limiting cross-examination infringed on Nalukoola’s right to a fair hearing and that the court had overstepped by selectively permitting witnesses to be cross-examined.
However, in a ruling delivered today, Justice Namanya dismissed the application, stating that cross-examination is allowed solely at the court’s discretion and that such interlocutory decisions are not appealable under current electoral laws.
He emphasized that appeals can only be filed after the court delivers a final judgment either confirming or overturning the election results.
Justice Namanya also cited provisions of the Parliamentary Elections Act, which require election petitions to be concluded within 30 days.
He warned that granting an appeal at this stage would delay proceedings and defeat the purpose of the law.
“This application lacks merit,” Justice Namanya ruled. “The petition will proceed without further interruption.”
The judge ordered that the cross-examination of the approved 10 witnesses begin without fail on Tuesday, May 13, and continue on Wednesday, May 14, 2025, starting at 9:00 AM.
Cross-examination of Nalukoola’s witnesses by Nambi’s lawyers is scheduled for Thursday, May 15, 2025.
The issue of legal costs will be determined at the conclusion of the main petition.
Speaking to Uganda Radio Network after the ruling, Nalukoola expressed disappointment but said he would respect the court’s decision.
“I disagree with the ruling, but I will abide by it,” he said.
Nalukoola was declared winner of the March 13 election by the Electoral Commission, securing 17,939 votes against Nambi’s 9,058.
In her petition, Nambi is seeking a fresh by-election, citing alleged bribery, voter disenfranchisement at 14 polling stations, and other irregularities.
However, the Electoral Commission, represented by litigation counsel Eric Sabiiti, has rejected the allegations, asserting that the election was conducted in full compliance with Uganda’s Constitution and electoral laws.
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