Politics
High Court Nullifies Kawempe North By-Election Over Electoral Irregularities
Justice Bernard Namanya rules in favour of Faridah Nambi, orders fresh poll
The High Court in Kampala has nullified the March 13, 2025 by-election that declared Luyimbazi Elias Nalukoola as the Member of Parliament for Kawempe Division North, citing grave irregularities and non-compliance with electoral laws that disenfranchised over 16,000 voters.
Delivering a detailed 50-page judgment, Hon. Justice Bernard Namanya ruled that the Electoral Commission’s failure to transmit results from 14 polling stations, where violence disrupted vote counting, violated Article 59(1) of the Constitution and substantially affected the outcome of the election. The court also found that Luyimbazi personally committed an election offence by campaigning on polling day.
“Disenfranchisement of 16,640 voters undermines the integrity of the electoral process. The Electoral Commission had a duty to protect this right and to ensure safe custody of materials or postpone the vote count as the law requires,” Justice Namanya stated.
The judge further observed that the petitioner, Nambi Faridah Kigongo, proved on a balance of probabilities that Luyimbazi contravened Section 100 of the Parliamentary Elections Act by chanting party slogans and canvassing for votes at polling stations on election day. Testimonies from agents and voters were unchallenged and consistent, strengthening the petitioner’s case.
The by-election had seen a low voter turnout of just 14.4%, with Luyimbazi declared winner with 17,939 votes against Nambi’s 9,058. The missing 14 polling stations, affecting 16,640 registered voters, cast a significant shadow over the legitimacy of the result.
“The actions and omissions of the Electoral Commission, including the failure to tally results and secure materials, constituted substantial non-compliance with the law,” the judge ruled.
Justice Namanya ordered the seat be declared vacant and directed the Electoral Commission to organize a fresh by-election in accordance with the law.
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