Court Drops Two Nalukoola Witnesses in Election Case

The High Court in Kampala has expunged from its records two affidavits of witnesses whom the Kawempe North Member of Parliament, Elias Nalukoola Luyimbazi, had presented to defend his election victory.

The affidavits were on Thursday expunged by the Civil Division Judge Bernard Namanya on the request of Nalukoola's lawyers led by Alex Luganda, Samuel Muyizzi Mulindwa and Muhammad Mbabazi. 

Earlier, the Court had heard that the two witnesses who swore the affidavits had been approached, coerced and enticed by Nalukoola's agents to make a u turn against the evidence they had initially given to Court in support of NRM's Faridah Nambi Kigongo's petition ,which is challenging his victory. 

The expunging came shortly after Nambi closed her case with nine witnesses to prove that Nalukoola bribed his way into victory.  

Among her witnesses is a one Nathan Kyemba Muwanguzi who has testified that he was promised to be paid one million shillings  by the NUP camp in order to drop his supporting affidavit to Nambi.

Kyemba, however, informed the Court that he was only paid  200,000  shillings and left with a balance of 800, 000 which he is still demanding from the NUP camp. 

This also followed statements by George William Mawumbe, who said he was coerced and intimidated by Nalukoola's agents, led by Ben Ntale, to swear the April 22nd affidavit withdrawing what he had already said in Nambi's petition that Nalukoola's agents gave him 5,000 shillings. 

Meanwhile, the Court on Thursday also cross-examined Nalukoola. However, Nalukoola had a difficult start after his lawyers failed to attach crucial supporting documents in his response to Nambi's election petition. 

The documents included copies of election results.  Ritah Nabakooza who is Woman Councillor representing Mpererwe testified as Nalukoola's witness  telling Court that he has never bribed voters. 

After expunging Mawumbe and Muwanguzi's affidavit, Justice Namanya ordered that the case would go for oral hearing of submissions from both parties as to why the Court should rule on each side's favor. 

Namanya said Nambi's lawyers will make oral submissions on May 19th and then Nalukoola's lawyers on May 20th, and if there is any rejoinder, it will be made a day later.

On March 13th 2025,  the Electoral Commission declared Nalukoola of the opposition National Unity Platform the winner of the March 13, 2025, elections with 17,939 votes, against the ruling NRM Candidate Nambi’s 9,058 votes.

Dissatisfied, Nambi petitioned the High Court seeking a fresh by-election, claiming the process was marred by electoral mal practices , offenses and other irregularities such as voter bribery which affected the final outcome of the elections. 

Nambi who was the runner-up in the  race that attracted ten Candidates alleged that Nalukoola bribed voters with cash, including 10,000 shillings to Kyemba Muwanguzi Nathan and 5,000 shillings to Mawumbe George William and Wamukubira Geoffrey among other people. However, the Electoral Commission, through its litigation lawyer Eric Sabiiti, denied the allegations, asserting that the election was conducted under the Constitution and electoral laws.