Court Allows Cross-Examination in Kawempe North Election Dispute

By Sirajje Kiberu | Saturday, May 10, 2025
Court Allows Cross-Examination in Kawempe North Election Dispute
Justice Benard Namanya, presiding over the Civil Division, approved the request by Nalukoola's lawyers, led by Muhammad Mbabazi, Alex Luganda, and Samuel Muyizzi, citing inconsistencies and hearsay in Nambi's affidavits

The High Court has granted Elias Nalukoola Luyimbazi's legal team permission to cross-examine Faridah Nambi Kigongo and several of her witnesses in the ongoing Kawempe North election petition.

Justice Benard Namanya, presiding over the Civil Division, approved the request by Nalukoola's lawyers, led by Muhammad Mbabazi, Alex Luganda, and Samuel Muyizzi, citing inconsistencies and hearsay in Nambi's affidavits.

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The court will also allow cross-examination of four of Nambi's witnesses: Kyemba Nathan Muwanguzi, Martin Sebalu Tusibura, Margaret Nabukenya, and George William Mawumbe.

Nalukoola's lawyers had sought to cross-examine 11 of Nambi's witnesses, but the Electoral Commission's litigation lawyer advised focusing on specific points of contention.

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This decision followed a pretrial conference where Nambi's lawyers, led by Ahmed Kalule Mukasa, raised a preliminary objection regarding affidavits they claimed had been retracted under coercion.

Justice Namanya deferred ruling on this objection, stating it would be addressed during the main judgment.

The lawyers then proceeded to frame legal questions for the court, including whether there was non-compliance with electoral laws.

Nalukoola's team also requested permission to cross-examine 14 of Nambi's polling agents, arguing their presence at polling stations where disenfranchisement was alleged needed verification.

These agents are: Molishia Ninsiima, Deogratious Mpanfa, Gordon Salim Saleh, Dowe Sebigwawo, Jesca Nalumansi, Olivia Kwagala, Victor Koba, Sarah Sanyu Rubie, Faridah Zainab, Grace Namulindwa, Meddie Kalanzi, Shellinah Babirye, Deborah Nansanga, Ssematta and Yiga Hakim and Deo Aguma.

Nambi's lawyers, in turn, requested to cross-examine Nalukoola's agents at various polling stations, including: Ritah Nabakooza, Denis Senabulya, Sliver Nakyobe, Musa Kibirege, Ntare Mukasa, Ezekiel Dubba, Nathan Muwaguzi, and George Mawumbe.

They have also requested summons for the Returning officer, (presiding officer) of Mbogo Primary school play ground Shafic Matovu and Shamim Njuki.

The court has stated that a ruling on the requests to cross examine each sides agents will be given at 2pm on the same day.

Elias Nalukoola of the National Unity Platform was declared the winner of the March 13, 2025, election, defeating NRM's Faridah Nambi Kigongo.

Nambi has challenged the results, alleging electoral malpractices, including voter bribery.

She claims Nalukoola bribed voters with cash, including Shs10,000 to Nathan Kyemba Muwanguzi and Shs5,000 to George William Mawumbe and Geoffrey Wamukubira.

The Electoral Commission denies these allegations.

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