The High Court has nullified the election of Luyimbazi Elias Nalukoola as the MP for Kawempe Division North, Kampala.
Justice Bernard Namanya, declared the seat vacant and ordered the Electoral Commission to organize a fresh election for the constituency.
The ruling, delivered by Justice Bernard Namanya, followed a successful petition by Faridah Nambi Kigongo of the National Resistance Movement (NRM), who challenged Nalukoola’s election on grounds of electoral malpractice.
In his judgment, Justice Namanya cited two main reasons for the nullification. Firstly, the court found that 16,640 voters in the constituency, including the petitioner Faridah Nambi, were disenfranchised, which the judge said “affected the result of the election in a substantial manner.”
Secondly, the court held that Nalukoola personally campaigned on polling day at Mbogo Primary School Playground and Kazo Angola LCI office polling stations, contrary to Section 100 (1)(a) and (b), and Section 100 (2)(a) and (3) of the Parliamentary Elections Act (Cap. 177).
“Luyimbazi Elias Nalukoola personally campaigned on election day at Mbogo Primary School Playground (KAT – MAJ) and Kazo Angola (KAL – KZ) at LCI Office polling stations which is an offence under Section 100 (1) (a) and (b) and Section 100 (2) (a) and (3) of the Parliamentary Elections Act (Cap. 177),” Justice Namanya said.
According to the judge, the election offence of obstruction of voters from voting was committed, with evidence showing that this was committed by Kibirango Fred, Stuart Mulindwa, Kyeswa John David and Semujja Hakim, who were Nalukoola’s agents.
“However, there is no evidence to prove that these agents committed the election offence with the knowledge and consent or approval the first respondent(Nalukoola).
