Bizarre High Court Ruling Sets Aside Nalukoola’s Win in Kawempe North By-Election
The judgment, handed down by Justice Benard Namanya, has been widely described as bizarre and contradictory to electoral jurisprudence, raising questions about judicial independence and the broader political context in which the court made its decision.
By Uganda Today Newsroom | www.ugandatoday.co.ug
Uganda Today Edition: Bizarre High Court Ruling Sets Aside Nalukoola’s Win in Kawempe North By-Election
Kampala, Uganda – In a ruling that has left legal observers, voters, and opposition voices stunned, the High Court of Uganda has nullified the electoral victory of Elias Luyimbazi Nalukoola, who had been declared winner of the Kawempe North Constituency by-election held earlier this year.
The judgment, handed down by Justice Benard Namanya, has been widely described as bizarre and contradictory to electoral jurisprudence, raising questions about judicial independence and the broader political context in which the court made its decision.
The Controversial Ruling
Justice Namanya set aside Nalukoola’s victory following a petition filed by Nambi Kigongo, a ruling party-affiliated candidate who came second in the hotly contested race. Nalukoola, running on an opposition-backed platform, had polled 17,764 votes, while Nambi Kigongo trailed with 8,593 votes—a clear margin of 9,171 votes.
Despite the significant vote gap, the judge ruled in favor of the petitioner, citing alleged Nalukoola’s campaign episodes on two polling stations on the polling day and the alleged over 16,640 votes that were not counted. These claims opposition supporters argue ironically do not reflect the actions of the state security apparatus that destroyed the ballots on which court based its findings to set aside Nalukoola’s win which were not any fault of the declared winner.
The ruling has sparked public outrage, especially in Kawempe North, where residents had celebrated Nalukoola’s victory as a reclamation of the people’s will following a heavily militarized campaign season marred by intimidation, arrests, and beatings by security operatives under the notorious Joint Anti-Terrorism task force (JAAT).
Background of the By-Election
The Kawempe North by-election was held following the death of Muhammad Ssegirinya, also an opposition figure, who had won the seat. Before death, Ssegirinya endured legal battles and imprisonment, the by-election was called, opening the field to a new set of candidates.
Nalukoola, a prominent lawyer and human rights advocate, stood on a platform of community empowerment, youth representation, and justice reform, quickly gaining traction in the densely populated urban constituency.
However, the election was anything but turmoil. Security forces descended on Kawempe North in full force, conducting pre-dawn raids, detaining known opposition activists, and creating an atmosphere of fear and coercion that, according to multiple observers, was designed to suppress voter turnout in opposition strongholds.
Legal and Political Repercussions
The High Court’s ruling now throws the Kawempe North seat back into uncertainty, with fresh elections or a protracted appeals process on the horizon. Nalukoola’s legal team has already indicated they will appeal the judgment to the Court of Appeal, citing serious procedural inconsistencies and a lack of evidence to justify overturning a clear electoral mandate.
“This judgment is a betrayal of the people of Kawempe North and sets a dangerous precedent where courts appear to reward electoral injustice under the guise of legal interpretation,” said a senior opposition leader in response to the ruling.
Observers also note the timing and nature of the judgment reflect broader concerns about judicial capture and the weaponization of the courts to silence credible opposition figures, especially in urban centers where the regime faces stiff resistance.
Public Outcry
On social media, #KawempeVotes and #JusticeForNalukoola began trending shortly after the verdict, as voters and civic activists expressed disbelief over what they termed a politically choreographed judicial ambush. Several prominent human rights groups have issued statements calling for an independent review of the case.
This development in Kawempe North is the latest in a series of election-related controversies that continue to expose the fragility of Uganda’s democratic processes. As citizens await the next chapter in this unfolding legal drama, the call for electoral and judicial reform grows ever louder.
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