Kampala, Uganda — The High Court in Kampala has granted lawyers representing Erias Nalukoola Luyimbazi, the declared winner of the Kawempe North parliamentary seat, permission to cross-examine his rival, Faridah Nambi Kigongo of the ruling National Resistance Movement (NRM), who is challenging his victory.
The ruling was delivered on Friday by Civil Division Judge Bernard Namanya during a pretrial conference session in which Nalukoola’s legal team, led by counsels Muhammad Mbabazi, Remmy Bagenda, Alex Luganda, and Samuel Muyizzi, argued that Nambi’s affidavit contained multiple hearsay claims.
They requested cross-examination to test the credibility of her allegations.
In addition to Nambi, the court also approved the cross-examination of four other key witnesses supporting her petition — Nathan Muwanguzi Kyemba, Martin Sebalu, Margaret Tusibura Nabukenya, and George William Mawumbe — whose statements were deemed inconsistent or second-hand.
While Nalukoola’s lawyers had initially requested to cross-examine at least 11 of Nambi’s witnesses, the Electoral Commission’s litigation lawyer advised a more selective approach, asking the defense to specify which witnesses were crucial to their case.
The court session followed an earlier legal objection raised by Nambi’s legal team, led by Ahmed Kalule Mukasa, who argued that three witnesses who had initially supported her petition had been “illegally enticed or coerced” into retracting their affidavits and now sided with Nalukoola.
Kalule asked the court to strike out these affidavits. However, Justice Namanya ruled that the objection was premature and would be considered alongside the final judgment.
During the pretrial conference, both sides agreed on four legal issues the court will need to determine, including whether the March 13 Kawempe North by-election complied with electoral laws.
In an unexpected development, Nalukoola’s lawyers also sought permission to cross-examine Nambi’s polling agents from 14 stations where she alleges voter disenfranchisement affected over 16,000 voters.
The agents include Ninsiima Molishia, Mpanga Deogratious, Gordon Salim Saleh, and others. The defense argues that these individuals were allegedly not registered voters at the polling stations they monitored — a critical contradiction.
In response, Nambi’s legal team requested reciprocal permission to cross-examine Nalukoola’s agents, including Ritah Nabakooza, Denis Senabulya, Silver Nakyobe, Musa Kibirege, and others.
Kalule also asked the court to summon returning officer Shafic Matovu and presiding officer Shamim Njuki of Mbogo Primary School Playground polling station.
The court is expected to deliver a ruling on the admissibility of cross-examination for these agents at 2 PM today.
The Electoral Commission declared Nalukoola, of the opposition National Unity Platform (NUP), the winner of the March 13, 2025, by-election with 17,939 votes, defeating Nambi who garnered 9,058 votes. The seat had attracted ten candidates.
Nambi is contesting the outcome, claiming the election was riddled with irregularities including voter bribery. She specifically accuses Nalukoola of handing out cash to influence voters — including UGX 10,000 to Nathan Kyemba Muwanguzi and UGX 5,000 to George Mawumbe and Geoffrey Wamukubira.
The Electoral Commission, represented by litigation counsel Eric Sabiiti, has rejected the allegations, insisting the election was conducted in accordance with the Constitution and electoral laws.
English 