Erias Nalukoola Luyimbazi has filed a formal appeal in the Court of Appeal, challenging the High Court’s recent decision that nullified his victory as Member of Parliament for Kawempe North Constituency. His 2025 win was overturned following a petition by National Resistance Movement (NRM) candidate Faridah Nambi, who was the runner-up in the hotly contested March election.
The High Court ruling, delivered by Justice Bernard Namanya, cited “serious electoral irregularities,” including missing results from 14 polling stations, which allegedly disenfranchised over 16,000 voters. The court also faulted Nalukoola for engaging in campaign activities on polling day and criticized the Electoral Commission for failing to account for all polling station results. These combined failures, the judge said, compromised the integrity of the election, warranting a fresh vote.
But Nalukoola disagrees. In his appeal, he argues that the decision was based on weak and untested evidence. He claims the affidavits presented against him were largely hearsay and that he was denied the opportunity to cross-examine key witnesses—an omission he says violated the principles of fair hearing.
He also contests the court’s finding that he campaigned on election day, calling it a misinterpretation of events. According to Nalukoola, the burden of proof was improperly shifted onto him instead of being rightfully placed on the petitioner, Nambi.
Nalukoola backs his argument with citations from past electoral rulings, including the high-profile Besigye vs Museveni case, claiming the High Court overlooked binding legal precedents in reaching its decision. He calls the ruling a miscarriage of justice.
Significantly, he argues that even if some irregularities occurred, they didn’t materially impact the result. Nalukoola had won with a margin of nearly 9,000 votes—enough, he insists, to affirm the voters’ will despite isolated issues.
He now asks the Court of Appeal to reverse the judgment and reinstate his victory. If that’s not possible, he’s requesting a fresh trial before a different High Court judge.
Meanwhile, the Electoral Commission has indicated it won’t contest the ruling and is preparing for a possible by-election—unless the Court of Appeal rules otherwise.
