City lawyer Erias Luyimbazi Nalukoola is set to appeal the High Court ruling that nullified his election as Member of Parliament for Kawempe Division North.
The High Court annulled Nalukoola’s election following a petition filed by Faridah Nambi of the National Resistance Movement (NRM). Nambi challenged the outcome of the March 13, 2025 parliamentary by-election, citing electoral offences and violations of the Parliamentary Elections Act.
In his ruling, Justice Bernard Namanya found that 16,640 voters were disenfranchised after the Electoral Commission failed to tally results from 14 polling stations, due to disruptions—contravening Sections 64, 71, and 76 of the Act.
The court also established that Nalukoola personally campaigned on polling day at two polling stations, in violation of Section 100, which prohibits campaign activities on voting day.
Following the ruling, Eric Sabiiti, Head of Litigation at the Electoral Commission, announced that the Commission would not appeal.
“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,” said Sabiiti.
However, Nalukoola is moving to challenge the verdict. In a notice of appeal filed by PACE Advocates, his legal team stated: “Take notice that the Appellant, Luyimbazi Elias Nalukoola, is dissatisfied with the judgment of Justice Bernard Namanya of the High Court of Uganda, Civil Division, delivered on the 26th day of May 2025.”
According to his lawyers, Nalukoola intends to appeal the judgment to the Court of Appeal of Uganda.
Background to the By-Election
The Kawempe North parliamentary seat became vacant following the death of MP Muhammad Ssegirinya on January 9, 2025, at Lubaga Hospital, after a long battle with health complications.
Ssegirinya had previously received treatment at UMC Hospital in Amsterdam and was later admitted to Nsambya Hospital for lung-related complications. He later disclosed that he had been suffering from skin cancer, hypertension, and lung infections, conditions that worsened in early 2024, prompting further treatment at Aga Khan Hospital in Nairobi.
During his time in Parliament, Ssegirinya faced several legal challenges. In 2021, he and Makindye West MP Allan Ssewanyana were arrested on charges of murder, terrorism, and aiding terrorism, linked to a string of killings in the Greater Masaka region.
The two MPs and four others were accused of involvement in multiple murders, including victims Joseph Bwanika (Lwengo), Francis Mugerwa Kiiza, Sulaiman Kakooza, and Tadeo Kiyimba (Masaka City). Prosecutors also claimed they attempted to kill Ronald Ssebyoto and played a role in financing the attacks.
After spending 524 days in prison, both MPs were granted bail on February 13, 2023, by Masaka High Court Judge Lawrence Tweyanze, each posting Shs 20 million.
Ssegirinya’s death marked the end of a turbulent political career and opened the path for the by-election in which Erias Luyimbazi Nalukoola was declared winner—until the recent court ruling annulled his victory.
