The Electoral Commission (EC) has said that it will only organize another by-election for Member of Parliament for Kawempe North Constituency after the judgment of the Court of Appeal and if it receives a notification from the Clerk to Parliament that the position is vacant.

This follows a High Court ruling on Monday that nullified the election victory of Erias Luyimbazi Nalukoola of the opposition National Unity Platform (NUP), who won the by-election with 17,939 votes, beating 10 contenders in March.

The ruling National Resistance Movement (NRM) candidate, Faridah Nambi, who came second with 9,058 votes, challenged Nalukoola’s victory on multiple grounds, including that the by-election did not comply with provisions of the Parliamentary Elections Act.

High Court Justice Bernard Namanya ruled that 16,640 voters were disenfranchised, adding that Nalukoola campaigned on polling day. 

Justice Namanya nullified Nalukoola’s victory and ordered the Electoral Commission to organize fresh polls.

Speaking about the court ruling, the EC spokesperson, Julius Mucunguzi, acknowledged receipt of the ruling, adding that the commission is studying the judgment to determine and explore whether there are grounds for appeal.

The law provides that anybody who is not satisfied with a court ruling in respect of an electoral petition is at liberty to appeal to the Court of Appeal.

The period given within which an appeal has to be filed is 30 days. 

Mucunguzi said that the commission will wait to see if any of the parties file an appeal.

“Within the next 30 days, starting today, the 26th of May, we will wait to see if any of the parties has decided to appeal this judgment. Mucunguzi said, “Once the Court of Appeal has heard the case and ruled on the appeal, we can decide if a by-election is needed.”

It is worth noting that Nalukoola, through his lawyers, has announced that he will appeal the High Court ruling.

Mucunguzi said that if the Court of Appeal upholds the High Court ruling, the Commission will have to wait for notification from the Clerk to Parliament informing the Commission that there is a vacancy in Parliament.

“That is what the law provides: that if there is a vacancy in Parliament following a court decision or death of a Member of Parliament or another legal reason, the Clerk to Parliament shall, within 10 days, inform the Electoral Commission in writing that a vacancy has occurred in this or that constituency, and it is at that point that the discussion about conducting a by-election would be undertaken,” Mucunguzi said.

The commission is required to conduct a by-election within 60 days upon receipt of a notification from the Clerk to Parliament.

By ChimpRepoorts