By Dean Lubowa Saava
Elias Luyimbazi Nalukoola, a Member of Parliament representing Kawempe North and a member of the National Unity Platform (NUP), has formally filed a Notice of Appeal contesting the High Court’s decision to nullify his election. This development marks the beginning of a potentially pivotal legal battle with far-reaching implications for the constituency’s political future and electoral accountability in Uganda.
The appeal follows a ruling by Justice Bernard Namanya of the High Court’s Civil Division, which found that the January 2025 by-election in Kawempe North was marred by significant electoral irregularities. The court cited gross non-compliance with key provisions of the Parliamentary Elections Act and ordered Nalukoola’s removal from Parliament, as well as fresh elections.
Nalukoola’s legal team, comprising a coalition of law firms, has expressed complete dissatisfaction with the court’s findings and intends to contest the ruling in its entirety. The Notice of Appeal reads, “Take notice that the appellant, Luyimbazi Elias Nalukoola, is dissatisfied with the judgment of Hon. Justice Bernard Namanya… and intends to appeal to the Court of Appeal of Uganda against the entire decision.”
The court’s decision was based on weeks of intense legal arguments regarding the integrity of the by-election. Justice Namanya concluded that the process was compromised to an extent that fundamentally affected the outcome, leading to the invalidation of Nalukoola’s election under relevant sections of the Act.
In a notable aspect of the ruling, the court ordered that both parties bear their own legal costs, which some analysts interpret as a gesture toward equitable access to justice in cases of significant public interest.
Nalukoola, who served in the 11th Parliament for only two months, ran his campaign on a platform of transparency, good governance, and human rights advocacy. His removal has sparked concern among NUP supporters, who viewed his presence as essential in a key urban stronghold.
This case adds to a growing list of high-profile electoral disputes that have placed the judiciary and Electoral Commission under scrutiny. The upcoming Court of Appeal decision may help clarify the legal threshold for nullifying an election and shape Uganda’s evolving electoral jurisprudence.
As the appeal progresses, political parties are preparing for a renewed contest, with analysts expecting increased mobilization, tighter oversight of the Electoral Commission, and heightened political tension in the capital.
Ultimately, the Court of Appeal’s ruling will determine the fate of one parliamentary seat and potentially set a lasting precedent on how Uganda handles electoral disputes.
