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The Kampala High Court has nullified the election of Luyimbazi Elias Nalukoola as the MP for Kawempe Division North, Kampala.
Justice Bernard Namanya declared the seat vacant and ordered the Electoral Commission to organise a fresh election for the constituency.
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The petition grounds
In the election petition, Nambi alleged that Nalukoola campaigned on polling day at stations such as Mbogo Primary School Playground, where he addressed voters, chanted political slogans, and influenced them to vote in his favour.
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She further claimed that the Electoral Commission failed in several key areas, including ensuring a secure voting environment, accurately counting votes, keeping electoral materials safe, and transparently transmitting results.
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Nambi contended that the Commission’s failure to comply with electoral laws disenfranchised thousands of voters, including herself.
Nambi also alleged that Nalukoola and his agents engaged in widespread voter bribery. She cites multiple instances where money and goods, including bread, salt, soap, and tea were distributed to voters such as Mary Diana Kibuka, George William Mawumbe, and Geoffrey Wamukubira.
Court ruling
Justice Namanya said he based his verdict on the apparent disenfranchisement of the thousands of voters whose ballots were destroyed and never counted, as well as the conduct of Mr Nalukoola on election day.
"This court has reached the decision to set aside the election of Luyimbazi Elias Nalukoola as a Member of Parliament for Kawempe Division North constituency for two main reasons"
"i). 16,640 voters in the constituency including Nambi Faridah Kigongo were denied the right to vote (disenfranchised) which affected the result of the election in a substantial manner."
"ii). Luyimbazi Elias Nalukoola personally campaigned on election day at Mbogo Primary School Playground (KAT - MAJ) and Kazo Angola (KAL - KZ) at LCI Office polling stations which is an offence under Section 100 (1) (a) and (b) and Section 100 (2) (a) and (3) of the Parliamentary Elections Act (Cap. 177)."
The judge ordered both parties to meet their costs