By Eye Media Political Desk
May 27, 2025 | Kampala
The Electoral Commission (EC) has bowed to a High Court ruling that nullified the election of Kawempe North MP, lawyer Elias Nalukoola, paving the way for a hotly contested by-election in the Kampala-based constituency.
Justice Bernard Bemanya, in a verdict delivered on Monday afternoon, found that the January 2021 elections were marred by significant irregularities—chief among them, the disenfranchisement of over 16,000 voters, including a key petitioner, Nambi Faridah. The judge further faulted Nalukoola for violating electoral guidelines by openly campaigning on polling day at one of the polling stations.
“The disenfranchisement and election-day campaigning materially affected the outcome,” Justice Bemanya ruled. “A fresh election is the only lawful remedy.”
In a rare move, the Electoral Commission has announced it will not challenge the court’s decision.
Speaking to the press, Eric Sabiiti, the EC’s head of litigation, said the Commission was satisfied with the judgment and was preparing for a by-election.
“When you consider evidence that the declared candidate campaigned on polling day—at a polling station, no less—that alone is sufficient to nullify the election,” Sabiiti said. “We welcome and appreciate the court’s decision and are ready to hold the by-election as required by law.”
Under Ugandan electoral law, a fresh poll must be conducted within 60 days of a court annulment—unless stayed by a higher court.
Meanwhile, Elias Nalukoola, the embattled MP and seasoned lawyer, is not going down without a fight. His legal team has already filed a notice of appeal, seeking to overturn the ruling in the Court of Appeal.
Legal experts say the success of that appeal will determine whether or not a by-election takes place soon. “If the Court of Appeal issues a stay, the EC cannot proceed,” said a senior lawyer familiar with the case.
The development sets the stage for a political showdown in Kawempe North—a constituency known for its vibrant and vocal electorate. Observers say the ruling sends a strong signal to candidates and campaign teams about the consequences of electoral malpractice, no matter how seemingly minor.
“This is a wake-up call,” a political analyst told Eye Media. “Campaigning on election day is illegal for a reason. The courts are beginning to enforce the rules with real consequences.”
As Kampala waits to see whether the by-election will proceed or be stalled by the appellate process, one thing is certain—Kawempe North is once again on the political frontlines.
Stay with Eye Media for the latest updates on this developing story.
