Elias Luyimbazi Nalukoola, the National Unity Platform (NUP) candidate for Kawempe North, remains unbowed following the High Court’s decision on May 26, 2025, to annul his election as Member of Parliament.
Speaking to Plus News, Nalukoola, who is currently in Mecca, Saudi Arabia for Haj, expressed his firm stance on exposing what he termed a system that is rotten, framing the ruling as evidence of systemic flaws in Uganda’s electoral process.
“I am not worried at all and I am so grateful that our Creator has used us to expose the dirt and rotten institutions and system,” Nalukoola said on Monday.
The court’s ruling came after a petition by Faridah Nambi of the National Resistance Movement (NRM), who challenged Nalukoola’s victory in the March 13, 2025, by-election to replace the late MP Muhammad Ssegirinya.
Nambi alleged electoral malpractices, including voter bribery, campaigning on polling day, and obstruction of electoral officials.
Specific claims included Nalukoola allegedly distributing cash, such as UGX 10,000 to Kyemba Nathan Muwanguzi and UGX 5,000 to George Mawumbe and Geoffrey Wamukubira.
Nambi further accused the Electoral Commission (EC) of failing to ensure a free and fair election, citing missing results from 14 polling stations.
Nalukoola’s legal team, led by Samuel Muyizzi Mulindwa and George Musisi, argued that the allegations were baseless and that the 14.4% voter turnout across 83 polling stations showed a consistent pattern that would not have altered the outcome.
However, the court found the irregularities significant enough to nullify the election, ordering a fresh by-election.
Asked whether he will appeal against this judgement, Nalukoola said “most likely,” without delving deeper into the statement.
If he does not appeal, the Electoral Commission (EC) will go ahead and organise the by-election, since an appeal is an automatic stay of execution of the judgment pending conclusion of the matter in the court of Appeal.
The law
The Parliamentary Elections Act, 2005 (Section 18(1)) requires the Electoral Commission (EC) to hold a by-election within 60 days from the date the vacancy is officially declared, provided the vacancy occurs at least one year before the end of the parliamentary term.
Now, the 11th Parliament of Uganda runs from May 2021 to May 2026, with general elections scheduled between January 12 and February 9, 2026 (as per the EC’s roadmap). This means the parliamentary term ends in approximately May 2026, less than one year from today, May 26, 2025.
According to the law, if a vacancy occurs within one year of the end of the parliamentary term, the EC has the discretion to decide whether to hold a by-election.
Given that the general elections are less than a year away, the EC could opt not to conduct a by-election, as the remaining term is short, and the seat would be contested in the upcoming general elections anyway.
If the EC decides to proceed with a by-election, it would need to be held by July 25, 2025 (60 days from May 26, 2025). This would involve nominations (e.g., early June), a campaign period (likely 10-14 days), and polling within the 60-day window.
However, due to the proximity of the general elections and the logistical burden of organizing a by-election so close to a national vote, the EC is likely to prioritize preparations for the 2026 general elections instead.