)
)
Erias Luyimbazi Nalukoola, the Member of Parliament for Kawempe North, made a return to Parliament yesterday during its inaugural sitting following the recess.
His presence in the legislative chambers came as a surprise to many, given that his victory in the March by-election had been nullified by the High Court on May 26..
Justice Bernard Namanya’s ruling had declared the seat vacant and instructed the Electoral Commission to organise a fresh election for the constituency.
However, Nalukoola offered an explanation for his continued attendance and his decision to forgo another immediate by-election, rooted in legal provisions and a consideration for his constituents.
)
)
)
A Surprising Return to the House
He clarified that his continued participation in parliamentary sessions is entirely within the confines of the law.
"The Parliamentary Elections Act provides that when the court cancels your election as a sitting MP, you are at liberty to appeal such a decision," he explained.
This provision has been acted upon by his legal team. He confirmed that a notice of appeal was filed within the statutory seven days from the date of the judgment, even in his absence, ensuring the legal process was promptly initiated.
The Legal Pathway: An Appeal for Justice
Following the notice, a memorandum of appeal, consisting of "over a dozen grounds challenging the decision of Justice Namanya," was subsequently filed.
The next crucial step, currently being prepared by his lawyers, is the submission of a record of appeal, for which the law provides a 30-day window.
"The law is very clear that once you file an appeal, that acts as a stay of execution of the High Court judgement. That is why I am still able to attend parliament sessions."
He expressed confidence in the forthcoming proceedings, anticipating an appearance before a panel of three judges at the Court of Appeal.
His team believes that the High Court's decision was "against constitutionalism, the will of the people of Kawempe North and should not be part of our jurisprudence," underscoring their conviction in a favourable outcome.
Prioritising Constituents: No Immediate By-election
Nalukoola also shed light on why he has chosen the path of appeal over an immediate by-election.
He revealed that his camp considered both options but ultimately prioritised the well-being of his supporters.
"After weighing, we realised that our supporters are still nursing wounds from the last by-election. It would not be reasonable on our part to take them back to a by-election," he said
Nalukoola hopes to uphold the mandate he believes was given to him by the voters of Kawempe North. He is confident that the Court of Appeal will rule in his favour, allowing him to resume his duties as MP without the need for a costly and disruptive by-election.