The Electoral Commission has announced it will not appeal the court ruling that nullified the election of Luyimbazi Nalukoola as Member of Parliament for Kawempe Division North.
Earlier today, the High Court annulled Nalukoola’s election following a petition filed by Faridah Nambi of the National Resistance Movement (NRM). Nambi had challenged the outcome of the parliamentary by-election held on 13 March 2025, citing electoral offences and non-compliance with the Parliamentary Elections Act.
Justice Bernard Namanya ruled that 16,640 voters were disenfranchised after the Electoral Commission failed to tally results from 14 polling stations due to disruptions violating Sections 64, 71, and 76 of the Act.
The court also found that Nalukoola personally campaigned on polling day at two polling stations, in breach of Section 100.
“These irregularities were found to have affected the result in a substantial manner,” the court stated.
As a result, the election was nullified, the seat declared vacant, and a fresh election ordered in accordance with Sections 80 and 82 of the Parliamentary Elections Act. Each party was ordered to bear its own legal costs.
Following the ruling, Eric Sabiiti, Head of Litigation at the Electoral Commission, said the Commission would not appeal the decision.
“When you consider the evidence that the declared candidate campaigned on polling day and more so, at a polling station that alone is sufficient grounds to nullify the election. We have, therefore, decided not to appeal the court’s decision,” Sabiiti said.
He noted that although the Commission could have appealed on the grounds of voter disenfranchisement and how it affected the election outcome, doing so would not be meaningful under the circumstances.
“We considered appealing on the issue of substantiality, as addressed by the court, but it wouldn’t make sense to pursue it when the first respondent [Nalukoola] has already committed an illegal practice,” he explained.
“We welcome and appreciate the court’s decision and are ready to proceed with the by-election,” Sabiiti said.
