BIG STORY: Why NRM’s Faridah Nambi Has Slim Chances Of Seeing a By-election In Kawempe North This Year

Justice Benard Namanya of the high court delivered his ruling on a petition filed by NRM’s Faridah Nambi Kigongo who is a daughter to the party’s 1st Vice Chairperson ALhajj Moses Kigongo in which she sought redress on several grounds.

In her petition, Nambi pointed accusing fingers on both the electoral commission and Nalukoola himself as she dragged the two to court. She accused Nalukoola of campaigning on election. She also blamed Byabakama’s Electoral Commission of not counting her votes from 14 polling stations.

In his 50-page judgement delivered by email, Justice Benard Namanya nullified Nalukoola’s victory in the by election held on 13th March owing to the death of Muhammed Ssegirinya. The judge also declared the Kawempe North MP position vacant and he ordered Electoral Commission to hold another fresh by-election.

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However, as expected Nalukoola who is currently in Saudi Arabia Mecca for Hijja has already through his lawyers issued a notice to appeal the Justice Benard Namanya’s judgement in the court of appeal.

Why Nambi May Not See a By-election This Year

Unlike the speed used to dispose off this petition in the High Court, it will be a miracle to see the same speed is applied in the Court of Appeal given it’s speed of handling matters before it. The Court of Appeal has delivered less than 7 judgements in the last 7 months though election petitions are meant to be handled in 6 months.

Also considering Article 81 (3) of the constitution which state that “Notwithstanding clause (2) of this Article, a by-election shall not be held within six months before the holding of a general election of Parliament.” Therefore, by the time a judgement is made by the court of appeal, a by-election will be an impossible dream at that time since Uganda will be just few months to the General Election.

Also rules under rules 29, 30 and 31 of the Rules to File a Notice of appeal, Nalukoola has over a month from the date of today’s judgement for a petition to materialize. Here’s a breakdown based on the general principles and rules related to appeals in Uganda:

Notice of Appeal (Rule 29):

• Timeframe: Generally, a notice of appeal must be filed within 30 days from the date of the decree or order being appealed.
• Content: The notice of appeal should clearly state the specific decision being appealed, the grounds for the appeal, and the relief sought.
• Service: The notice of appeal must be served on all parties involved in the case.

Memorandum of Appeal (Rule 30):

• Content: The memorandum of appeal should contain the grounds for the appeal, a statement of the facts of the case, and any legal arguments supporting the appeal.

• Lodging: The memorandum of appeal should be lodged with the registrar of the court of appeal within a specified timeframe after filing the notice of appeal, typically within 30 days.

Record of Appeal (Rule 31):

• Content: The record of appeal is a compilation of documents relevant to the case, including judgments, court orders, and evidence presented during the lower court proceedings.

• Lodging: The appellant is required to lodge the record of appeal with the registrar of the court of appeal within 30 days after filing the memorandum of appeal.

Other Important Considerations:

Leave to Appeal: In some cases, an application for leave to appeal may be required, especially for criminal appeals.

Extension of Time: The court may grant an extension of time for filing a notice of appeal or other necessary documents for good cause.

Specifics: The exact rules and procedures may vary depending on the nature of the case (civil or criminal) and the specific court.

This therefore means that Nalukoola has a whooping 44 days to file his appeal to the Court of Appeal. The court has 30 days to hear the appeal and 6 months to deliver a ruling. Even when magic is applied like it was on the passing of the UPDF Amendment Bill 2025, it’s impossible to Nalukoola to vacate parliament this year or for the Electoral Commission to organize a by-election in Kawempe when it’s already organizing a General Election which will be held in the next 8 months from now.

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