The Electoral Commission has filed its defence in response to a petition by Faridah Nambi Kigongo, challenging the victory of Elias Nalukoola Luyimbazi in the Kawempe North by-elections.
The Commission has denied all allegations of irregularities that were levied against it by Nambi. She contends that the election was conducted by the constitution and electoral laws.
According to the Commission, the election was free, fair, administered in an impartial, neutral, efficient, accurate, accountable, and verifiable manner, contrary to Nambi’s accusations.
The Electoral Commission gazetted Nalukoola Luyimbazi as the winner of the March 13th 2025, elections with 17,939 votes against Nambi’s 9,058 votes.
Dissatisfied with these election results, Nambi, about two weeks ago, petitioned the High Court Civil Division seeking an order for another fresh by-election.
Nambi listed the Electoral Commission as the second respondent, saying there was disenfranchisement of voters at 14 polling stations whose results were never counted during “At Mbogo Primary School Play Ground (KAT MAJ) polling station, the 1st Respondent(Nalukoola) campaigned among voters who turned up to vote at that polling station by chanting his political party slogan “People Power, Our Power” and telling voters to vote for him. He told the voters lined up to vote that yenze Nalukoola, loosely translated as “it’s me Nalukoola”, reads the petition.
According to Nambi, the Electoral Commission failed to ensure that polling takes place in a free and secure environment, contrary to section 60(1) of the Parliamentary Elections Act.
The Commission is also accused of failure to count the votes cast at the impugned polling stations and record the results in Declaration of Results Forms, and failure to collect and transmit the results of the impugned polling stations contrary to section 70 of the Parliamentary Elections Act.
Other accusations include failing to keep safe custody of the electoral materials and documents used at the election contrary to section 71 of the Parliamentary Elections Act, Cap 177, failure to adjourn or postpone the counting of votes at the impugned polling stations, and the tallying of the results of the election contrary to section 76 of the Parliamentary Elections Act.
“The forestated failure and non-compliance, accordingly, disenfranchised the voters at the abovementioned polling stations, including Your Petitioner, who is a registered voter at Mbogo Primary School Play Ground (NAMAU – NSA) polling station”.
However, the Electoral Commission in its defence says the declaration of the winning candidate was based on verifiable results from respective polling stations.
The Commission emphasises that all electoral materials and documents are kept in safe custody and form the basis for the declaration of the winning candidate.
The response to the petition is supported by an Affidavit of the Electoral Commission’s Returning Officer, Makabayi Henry, who stated that he opened the envelopes and added up the number of votes cast for each candidate in the presence of candidates, agents, a police officer, and all other stakeholders present.
The Commission through its lawyers led by Eric Sabiiti has thus dismissed claims of bribery, including allegations that the winning candidate’s and money to voters like Kibuka Mary Diana, Mawumbe George William, and Wamukubira Geoffrey, labeling them as “afterthoughts.
According to the Electoral Commission, Nambi’s petition is not only frivolous but also lacks merit and should be dismissed with costs.
The Commission contends that if at all, there were any potential irregularities, those irregularities did not substantially affect the final election outcome.
The in charge of Litigation at the Electoral Commission, Lawyer Eric Sabiiti, said he will soon file more evidence to show that Nambi’s petition is dead on arrival.
“We studied the petition, supporting affidavits and filed our statutory response. We shall soon be hitting the ground to file more evidence to demonstrate that the petition is a dead-on-arrival”, said Sabiiti.
Nambi also accuses Nalukoola that while at Kazo Angola (KAL – KZ) at LCI Office polling station, he campaigned among voters who turned up to vote at that polling station by saying to the voters that “amaanyi g’abantu temugalyaamu olukwe” loosely translated as “do not betray People Power”.
“Furthermore, the 1st Respondent’s/Nalukoola agents and campaigners Kibirige Musa and Nabakooza Ritah campaigned for him at Bright Sparks Junior School polling centre by holding his campaign poster at the polling centre and asking voters to vote for the 1st Respondent”,
Nalukoola is also accused of obstructing the voters from voting at the election contrary to section 90 of the Parliamentary Elections Act, Cap 177.
The 1st Respondent’s agents and campaigners, Bukenya Bonny, Hon. Balimwezo Ronald Nsubuga, Sserunjogi Edward, Ssempijja Joseph, Sam Kasirye, Auma Scovia and Kibirango Fred obstructed voters from voting at the election; for example, Nassanga Deborah from voting at Kalanda’s Compound (N-N) polling station.
She says at least 16,640 votes at 14 polling stations were never announced, and these results were from polling stations at Mbogo Primary School Play Ground, Kazo Angola (KAL-KZ), at LCI Office, LCI Meeting Place, Kazo Angola (NAMAT-NAN), at Bosa’s Road, among others.
That Nalukoola also gave 10,000 Shillings to Kyemba Muwanguzi Nathan, a registered voter at the said polling station, to induce him to vote for him or refrain from voting for Nambi.
“on Election Day, between 11 am and 12 pm under a jackfruit tree next to a shrine at Ouma’s place near a parking yard known as “ZION” in Kiganda Zone LCI, Ben Ntale Mukasa a Councilor at Kawempe Division belonging to the National Unity Platform political party of the 1″ Respondent gave UGX 5,000to Mawumbe Gerorge William a registered voter at Clinton Junior School (KIM) polling station to induce him to vote for the 1 Respondent and/or refrain from voting Your Petitioner”, says Nambi.
On the election day, Nalukoola also gave 5,000 shillings to Wamukubira Geoffrey, a registered voter at Pentecostal Church (OZ) polling station, to induce him to vote for him.
Nambi argues that all the illegal practices were committed by Nalukoola personally or by his agents and campaigners with his knowledge and consent or approval, and therefore, the Court should nullify his election and order another by-election.
The High Court is yet to fix the matter for hearing. Although all parties have to put in their responses before it’s fixed for a hearing.
Nalukoola is also expected to file his response soon, having lined up nine law firms to defend his victory a few days ago.
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