By KT Reporter
The High Court in Kampala has allowed lawyers representing the winner of Kawempe North elections Erias Nalukoola Luyimbazi to cross examine NRM’s Faridah Nambi Kigongo who is challenging his victory.
The Court presided over by the Civil Division Judge Benard Namanya on Friday allowed the request by Nalukoola’s lawyers led by Muhammad Mbabazi, Remmy Bagenda, Alex Luganda and Samuel Muyizzi to cross examine Nambi saying that her affidavit had many hearsays and therefore they want the truth to come out through cross examination.
The same court has also allowed them to cross-examine four other witnesses of Nambi, including Kyemba Nathan Muwanguzi, to test the veracity of her witnesses because some of them say they were told, and others say they have never seen the petitioner.
The others are : Martin Sebalu Tusibura Margaret Nabukenya and George William Mawumbe.
Although Muyizzi wanted to cross-examine atleast 11 witnesses of Nambi, the Electoral Commission lawyer in Charge of Litigation advised that they can point out where the issue is and then tell the Court where they want to cross examine.
The request came during the pretrial conferencing shortly after the Judge had made a brief ruling regarding the application in which Nambi’s lawyers wanted another set of affidavits that was sworn in the defense of Nalukoola’s case when it was first given supporting Nambi’s petition which raised allegations of bribery against Nalukoola to be struck out.
Nambi’s lawyers, led by Ahmed Kalule Mukasa, raised a preliminary point of law, saying that three people who had affidavits in support of Nambi’s petition had again retracted and been enticed and illegally coerced to turn against Nambi.
However, on this, Justice Benard Namanya made a brief ruling saying that the preliminary point of law shall not be considered right now because it is premature.
The Judge who didn’t dismiss the preliminary objection, though, noted that it will be considered with the merits of the petition and those against it during the main judgement. He then ordered pretrial conferencing to commence.
The lawyers later framed legal questions on what they wanted the Court to decide on, for instance, on whether there was non-compliance with the law during the election process.
However, shortly after framing the four legal questions for determination, Nalukoola’s lawyers also asked the Court to allow them to cross-examine Nambi’s agents.
These include: Ninsiima Molishia, Mpanga Deogratious, an agent, Gordon Salim Saleh, Sebigwawo Dowe, Jesca Nalumansi, Olivia Kwagala , Victor Koba, Rubie Sarah Sanyu, Faridah Zainab , Grace Namulindwa, Meddie Kalanzi, Shellinah Babirye, Deborah Nansanga, Ssematta and Yiga Hakim and Deo Aguma.
The lawyers contend that these agents were at 14 polling stations where Nambi alleges disenfranchisement of more that 16,000 voters.
The lawyers contend that the agents were registered voters in those polling stations but there is no evidence to prove to that effect and Nalukoola says the case by Nambi is just a a wastage of his time as well for the Court and his voters who are the people of Kawempe.
Meanwhile, Nambi’s lawyers, led by Kalule, also asked the Court to allow them leave to cross-examine Nalukoola’s agents at various polling stations.
These include: Ritah Nabakooza, Denis Senabulya, Sliver Nakyobe, Musa Kibirege, Ntare Mukasa, Ezekiel Dubba, Nathan Muwaguzi and Mawumbe George.
Kalule has also requested for summons against the Returning officer, (presiding officer) of Mbogo Primary school play ground Shafic Matovu and Shamim Njuki.
On this second request of each other’s agents, the Court has promised to deliver the decision at 2pm today.
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 gbag 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-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
