National Unity Platform (NUP) councillor Godfrey Luyombya has secured temporary relief from the Chief Magistrate’s Court at Nakawa, which has halted the implementation of a ruling that stripped him of his Nakawa Division II council seat and declared his rival, Emmanuel Kitosi of the National Resistance Movement (NRM), the rightful winner.
In an interim order issued on November 3, 2026, Chief Magistrate Adoko Joe Fay suspended the execution of the October 29 judgment, pending determination of Luyombya’s substantive application for a stay of execution.
The decision temporarily puts on hold Kitosi’s anticipated assumption of the seat, following an earlier ruling that had ordered Luyombya to vacate office and directed the Electoral Commission to gazette Kitosi as the duly elected councillor.
Adoko issued the interim order in Electoral Petition No. 2 of 2026, alongside Miscellaneous Application No. 0590 of 2026, in which Luyombya is seeking to stop the enforcement of the judgment.
“An interim order staying the execution of the orders of the Election Petition No. 2/2026 pending determination of the substantive application for stay of execution in MA No. 0590/2026 or until further orders of this Court,” the magistrate stated.
In his petition, Kitosi challenged the validity of Luyombya’s election, arguing that the electoral process was marred by irregularities and non-compliance with electoral requirements.
The court agreed with his arguments, finding that the evidence, including numerical calculations presented during the proceedings, demonstrated that Kitosi ought to have been declared the winner.
Consequently, the magistrate nullified the Electoral Commission’s declaration of Luyombya as the winner, ordered him to vacate office and directed the commission to gazette Kitosi with immediate effect.
The court further awarded Kitosi costs of the petition against the respondents, including Luyombya and the Electoral Commission.
What next?
Luyombya’s latest application now places the implementation of the October 29 judgment on hold as the court prepares to determine whether the stay of execution should be maintained.
However, the interim order does not reverse the earlier judgment or declare Luyombya the winner of the disputed election. It only suspends enforcement of the orders until the substantive application is determined or the court issues further directions.
For now, the contest over the Nakawa Division II council seat remains unresolved, with Kitosi’s gazettement and Luyombya’s removal from office awaiting the court’s next decision.
