Nalukoola’s lawyer, Samuel Muyizzi Mulindwa, made an oral application before Civil Division Judge Bernard Namanya, seeking leave to appeal the decision. Muyizzi argued that Nalukoola’s rights were being infringed upon and that it was improper for the judge to decide which witnesses could be cross-examined.
The High Court in Kampala has dismissed an application by Kawempe North Member of Parliament, Erias Nalukoola Luyimbazi, seeking permission to appeal a decision that denied him the opportunity to cross-examine 19 witnesses in an ongoing election petition.
Nalukoola’s political rival, Faridah Nambi Kigongo, is challenging his March 13, 2025, election victory, alleging electoral offenses including voter bribery. Nambi, the ruling NRM party candidate, submitted affidavits from witnesses claiming that Nalukoola bribed them with amounts ranging from Shs5,000 to Shs10,000.
In response, Nalukoola, through his legal team led by Muhammad Mbabazi, had requested court permission to cross-examine 29 of Nambi’s 34 witnesses. However, last week, the court allowed him to cross-examine only 10, denying him access to the other 19.
Aggrieved, Nalukoola’s lawyer, Samuel Muyizzi Mulindwa, made an oral application before Civil Division Judge Bernard Namanya, seeking leave to appeal the decision. Muyizzi argued that Nalukoola’s rights were being infringed upon and that it was improper for the judge to decide which witnesses could be cross-examined.
In today’s ruling, however, Justice Namanya rejected the application. He emphasized that cross-examination is permitted only at the discretion of the court and that interlocutory decisions — such as this — are not appealable under the law. Appeals are only permitted after a final determination confirming or overturning an election result.
The judge further noted that the Parliamentary Elections Act requires election petitions to be resolved within 30 days, warning that granting an appeal at this stage would delay proceedings. He ruled that Nalukoola’s application lacked merit and directed that the main petition continue without interruption.
Justice Namanya ordered that cross-examination of the permitted witnesses commence without fail tomorrow, Tuesday, May 13, and continue on Wednesday, May 14, 2025, starting at 9:00 am. Nambi’s cross-examination of Nalukoola’s witnesses will take place on Thursday, May 15, 2025.
The judge reserved the decision on costs until the conclusion of the main petition. Speaking to Uganda Radio Network after the ruling, Nalukoola expressed his disappointment but said he would respect the court’s decision despite disagreeing with it.
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Nalukoola was declared the winner of the March 13, 2025, parliamentary elections by the Electoral Commission, securing 17,939 votes against Nambi’s 9,058. Dissatisfied, Nambi petitioned the High Court seeking a fresh by-election, citing allegations of bribery, voter disenfranchisement — particularly at 14 polling stations — and other irregularities.
However, the Electoral Commission, through its litigation lawyer Eric Sabiiti, has denied the allegations, maintaining that the election was conducted in accordance with constitutional and electoral laws.
