Nalukoola Court Appeal has been filed as Elias Lukwago Nalukoola challenges the High Court decision that overturned his election win in Kawempe North. The appeal, submitted on June 10, 2025, seeks to reverse Justice Bernard Namanya’s May 26 ruling that nullified the March 13 by-election results.
The High Court accused Nalukoola, a National Unity Platform (NUP) candidate, of violating electoral laws. In response, he filed a formal appeal expressing dissatisfaction with the verdict and requesting a complete review.
“I, Elias Lukwago Nalukoola… being dissatisfied with the judgment of Hon. Justice Bernard Namanya… intend to appeal to the Court of Appeal against the whole of the said decision,” his notice stated.
Nalukoola had won the seat after the death of former MP Muhammad Ssegirinya. However, Faridah Nambi of the National Resistance Movement (NRM) contested the result, leading to a successful legal petition against him.
Key Reasons Behind the High Court Ruling
Justice Namanya found that Nalukoola personally campaigned at polling stations on voting day, an action forbidden under Section 100 of the Parliamentary Elections Act. Witnesses placed him at Kazo Angola LCI and Mbogo Primary School during voting hours.
“The law does not permit the 1st respondent to deny generally,” Justice Namanya said. “When evidence goes unchallenged, it is treated as admitted.”
Additionally, the Electoral Commission failed to count and tally results from 14 polling stations due to violence, which left over 16,000 voters—including the petitioner—disenfranchised. The court noted that the commission should have delayed tallying or polling, yet it failed to act.
What the Appeal Could Change
The Nalukoola Court Appeal marks another legal challenge for the NUP, which has been grappling with multiple court battles since 2021. This case could set a new standard for how courts interpret electoral law and handle campaign violations.
If successful, the appeal could reinstate Nalukoola in Parliament without the need for another by-election. It may also strengthen voter trust in the judicial process. On the other hand, if it fails, the precedent could tighten scrutiny on opposition campaigns and uphold stricter compliance with electoral rules.
This case goes beyond one constituency—it reflects the wider concerns over democratic fairness, legal consistency, and the balance of political power in Uganda.
The Electoral Commission Under Scrutiny
The Electoral Commission faces increasing criticism for its role in the disputed election. The court ruled that it failed in its obligation by not conducting a full count. Justice Namanya stressed that the commission had the authority to postpone vote tallying in areas affected by violence but failed to exercise it.
These lapses have revived debates over the commission’s independence and efficiency. Critics argue that such failures undermine confidence in the electoral process and deter civic participation.
As the appeal moves forward, it brings renewed calls for institutional reforms. The Nalukoola Court Appeal highlights the need for better election management and legal safeguards to protect voters’ rights.
Awaiting the Court’s Decision
The Court of Appeal will now review the case and decide whether to uphold the High Court ruling or reinstate Nalukoola. The Electoral Commission has not announced a new by-election date, likely pending the appeal outcome.
This ruling could influence how future election disputes are resolved, especially regarding candidate conduct on polling day and the role of electoral bodies in managing violence. Many Ugandans view the case as a test of judicial fairness and democratic resilience.
Ultimately, the Nalukoola Court Appeal is more than a legal maneuver. It underscores the struggle for transparency, the importance of credible elections, and the demand for accountability in Uganda’s political system—especially in competitive constituencies like Kawempe North.
In related legal news, a land dispute involving the Uganda Police in Lira City has triggered a court battle, detailed here. Also, human rights lawyer Eron Kiiza has taken his passport delay case to the High Court, reported here. Authorities are also investigating robbery suspects in Kampala, as outlined here. Meanwhile, the Attorney General has responded to concerns over MPs allegedly holding dual offices, as seen here.
