The High Court of Uganda has nullified the election of Elias Luyimbazi Nalukoola as the Member of Parliament for Kawempe Division North following a successful petition by his challenger, Nambi Faridah Kigongo.
In a landmark ruling delivered on Monday by Hon. Justice Bernard Namanya, the court found that there were grave irregularities that substantially affected the outcome of the March 13th by-election.
According to court records, Luyimbazi was declared the winner of the by-election with 17,939 votes, defeating Nambi, who garnered 9,058 votes. However, of the 199,063 registered voters in the constituency, only 28,659 participated, registering a paltry voter turnout of 14.40%.
Justice Namanya ruled that the disenfranchisement of 16,640 voters from 14 polling stations, whose results were never transmitted by the Electoral Commission, was not only a violation of the right to vote but also a substantial irregularity that cast doubt on the credibility of the election outcome.
The affected polling stations included various centers at Mbogo Primary School and Kazo Angola, where violence disrupted the vote-counting process and led to the destruction of election materials.
In his ruling, Justice Namanya stated: “The Electoral Commission failed in its duty under the law to intervene and adjourn polling or vote counting…
It was wrong for the Commission to declare the result of the election well knowing that results from 14 polling stations were not transmitted due to the violence that marred the vote counting process.” He added that this amounted to a clear case of non-compliance with the Parliamentary Elections Act, which “substantially affected the result of the election.”
The court also found that Luyimbazi personally committed an election offence by campaigning on polling day at two polling stations—Mbogo Primary School Playground and Kazo Angola LCI Office. Witnesses testified that he was seen chanting party slogans and urging voters to vote for him, actions prohibited under Section 100 of the Parliamentary Elections Act.
Although several other allegations including voter bribery and obstruction of electoral officials were made against Luyimbazi and his agents, the court held that there was insufficient evidence to link the acts to the candidate with the required threshold of proof.
As a result, the court declared the parliamentary seat vacant and ordered the Electoral Commission to organize a fresh by-election for Kawempe Division North. Luyimbazi’s election victory has now been set aside in accordance with Sections 80 and 82 of the Parliamentary Elections Act.
This ruling marks a significant win for electoral justice and sets a precedent on the importance of full compliance with electoral laws and the protection of voters’ rights in Uganda. The Electoral Commission is yet to respond to the judgment, while Luyimbazi has the option to appeal.
