The Electoral Commission (EC) has responded to mounting criticism regarding the delay in swearing in Elias Nalukoola, the newly elected Member of Parliament for Kawempe North, emphasizing that the process is within the legal framework.
EC spokesperson Julius Mucunguzi addressed the situation, asserting that the commission is still operating within the legally prescribed timelines to gazette National Unity Platform's Nalukoola.
"The law and specifically Section 58 and Section 59 of the Parliamentary Elections Act stipulate the time frame within which the commission has to gazette results of any election or by-election," he said.
"Section 58 speaks to the fact that the returning officer has got seven days within which to submit a report to the commission after the conclusion of an election and thereafter the commission has got 48 hours to publish and gazette the results of that particular election or by-election."
With the election on March 13, Returning Officer Henry Makabayi has until close of business tomorrow to submit the results to EC.
This gives the commission until Monday to gazette the same assuming the weekend is taken into consideration as well.
The 'delay' in Nalukoola's swearing-in, which has drawn sharp criticism from opposition figures and even MPs, has raised questions about the speed and efficiency of the Electoral Commission.
Kira Municipality MP Ibrahim Ssemujju Nganda, in particular, demanded an explanation from Speaker Anita Among, who confirmed that the delay was due to the absence of the official gazette.
"When a member wins, I wait for the gazette. When I get the gazette, that is when I swear in the member. So I am waiting for the gazette. I need to hear from the Electoral Commission," Speaker Among stated.
Nalukoola emerged victorious, securing 17,764 votes, more than twice what his closest competitor Faridah Nambi of the National Resistance Movement received (8,593 votes).
The by-election that descended into farcical scenes especially on D-Day, attracted eight other candidates, all of them mere also-ran in political speak.
The delay has become particularly contentious due to the contrast with other recent by-election results, like that of Michael Mawanda, who was sworn in the day after his victory in Igara East.
Security personnel were accused of brutalizing voters, opposition leaders, and journalists, and the ruling National Resistance Movement (NRM), which lost the election, has already expressed intentions to challenge the results in court.
Opposition leader Joel Ssenyonyi voiced frustration over the issue, saying, " We are dismayed that up to now, the Electoral Commission hasn’t gazetted the person that won the Kawempe North by-election.
"We did follow up with Electoral Commission, they did tell us that they are still sorting out internal issues, we don’t know what that means because in the past, it has been done in record time. Can Government tell us, what has caused the delay because in the past, it has been done Very quickly?".
Mr Mucunguzi, however, reiterated the commission’s adherence to the law, stating, "The commission is still much within the time frame that is provided under the law and the commission will act according to the law."
Despite the legal clarification, political scrutiny surrounding the Electoral Commission continues to grow.