By Elias Luyimbazi Nalukoola of the National Unity Platform (NUP) has formally appealed the High Court ruling that nullified his election as Member of Parliament for Kawempe North, marking the beginning of another high-stakes legal and political battle over one of Kampala’s most closely watched constituencies.
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The appeal, lodged just hours after the decision, comes in response to a judgment delivered by Justice Bernard Namanya of the High Court’s Civil Division on May 26, which found that the January 2025 by-election was riddled with procedural flaws. The judge ruled that these irregularities had materially compromised the integrity of the election and ordered Nalukoola’s removal from Parliament.
In the Notice of Appeal, Nalukoola signaled his complete disagreement with the ruling and expressed his intention to contest it in its entirety. The appeal has been filed by a formidable coalition of legal firms PACE Advocates, Nyanzi, Kiboneka & Mbabazi Advocates, Nalukoola Advocates & Solicitors, Aharmark Advocates, Alaka & Co Advocates, and Reeve Advocates underscoring the political and legal weight attached to the case.
“The appellant, Luyimbazi Elias Nalukoola, is dissatisfied with the judgment… and intends to appeal to the Court of Appeal of Uganda against the entire decision,” reads the notice filed with the court.
Justice Namanya’s ruling cited multiple violations of the Parliamentary Elections Act, referencing Sections 80, 82(4)(c), and 82(6)(c). He concluded that the irregularities substantially affected the outcome and warranted a fresh election in Kawempe North.
In a rare move that raised eyebrows among legal watchers, the judge directed that each party bear its own legal costs—interpreted by some as a gesture of judicial neutrality and an attempt to discourage excessive litigation costs in politically sensitive cases.
Nalukoola had only served in Parliament for two months, having campaigned on a reformist platform championing accountability, human rights, and anti-corruption. His short-lived term and abrupt exit have rattled NUP supporters, who saw his victory as a critical foothold in a historically opposition-dominated constituency.
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The Electoral Commission has now been instructed to organize a fresh by-election, a process that could once again bring political tension to an area already known for high voter engagement and fierce party loyalty.
Nalukoola’s lawyers are expected to argue that the alleged electoral flaws did not meet the threshold required to overturn the will of the voters. Legal experts suggest that the case could become a precedent-setting moment in Uganda’s evolving electoral jurisprudence, particularly in defining how serious a breach must be to warrant nullification.
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