Nalukoola Files Appeal against High Court Decision that Quashed His Victory

Kawempe North MP Elias Luyimbazi Nalukoola has filed a notice of appeal against a High Court decision that nullified his victory.

Justice Bernard Namanya nullified Nalukoola’s victory and ordered the Electoral Commission to conduct a fresh election basing on two key findings including failure by the Electoral Commission to count, declare, and tally results from 14 polling stations with 16,640 registered voters, an omission that disenfranchised a large number of voters, including the petitioner Faridah Nambi Kigongo herself.

Secondly, the court found that Nalukoola personally campaigned on election day at two polling stations—Mbogo Primary School Playground and Kazo Angola LCI Office—in direct violation of the Parliamentary Elections Act. In his ruling, Justice Namanya said the non-compliance with electoral laws affected the results in a substantial manner, justifying the cancellation of the election. The court further ruled that each party shall bear its costs in the petition. However, Nalukoola, through his lawyers, including George Musisi, said they have filed a notice of appeal before the High Court.

The notice from his lawyers of PACE Advocates reads, “Take Notice that the Appellant, Luyimbazi Elias Nalukoola is dissatisfied with the judgment of HON. JUSTICE BERNARD NAMANYA from the High Court of Uganda, Civil Division, on the 26th day of May 2025. [He] intends to appeal to the Court of Appeal of Uganda. the judgment passed against the Appellant.”

The notice also indicates the respective addresses for Nalukoola’s other law firms representing him, who should be served with the documents. The notice of appeal is a formal document that commences the appeal process. After this, the lawyers can formally request certified copies of Court proceedings to enable Nalukoola and his lawyers to formulate the grounds of appeal.

The Electoral Commission, which was jointly sued with Nalukoola for holding an election that was non-compliant with the law, has already welcomed the Court decision through its lawyer Eric Sabiiti, the in charge of litigation, and said they will not appeal against it.

“We appreciate and welcome the decision of the court. We have taken a decision that we will not be appealing against it,” said Sabiiti. He added that the Commission has taken particular note of the judge’s finding that Nalukoola campaigned on election day. “I would have appealed on the substantiality issue, but it wouldn’t make sense if I succeed when there is an illegal practice committed by the first respondent (Nalukoola),” added Sabiiti.

“Given this finding, I have decided not to appeal,” Sabiiti said. The law gives them 60 days to organize a fresh by-election, and they are ready to conduct one. On March 13th, 2025, the Electoral Commission declared Nalukoola of the opposition National Unity Platform the winner of the March 13 elections with 17,939 votes, against the ruling NRM Candidate Nambi’s 9,058 votes.

Dissatisfied, Nambi petitioned the High Court seeking a fresh by-election, claiming the process was marred by electoral malpractices, offenses, and other irregularities such as voter bribery, which affected the final outcome. Nambi, who was the runner-up in the race that attracted ten candidates, alleged that Nalukoola bribed voters with cash, including 10,000 shillings to Kyemba Muwanguzi Nathan and 5,000 shillings to Mawumbe George William and Wamukubira Geoffrey, among other people.

She asked the Court to nullify the victory of Nalukoola. The Electoral Commission, through its litigation lawyer Eric Sabiiti, denied the allegations, asserting that the election was conducted under the Constitution and electoral laws. Nalukoola also insisted that he never bribed voters and argued that even if there were any irregularities, they couldn’t have affected the outcome of the election.