The High Court in Kampala has dismissed an application by Kawempe North MP Elias Nalukoola Luyimbazi seeking to appeal a ruling that limited him to cross-examining only 10 out of 29 witnesses presented by his political rival, Faridah Nambi Kigongo.
In a ruling delivered by Justice Bernard Namanya, the court upheld its earlier directive, insisting that the case must proceed within the strict 30-day window set by the Parliamentary Elections Act.
The judge ruled that an appeal at this stage would cause unnecessary delays.
“Cross-examination of witnesses is done with the permission of court,” Justice Namanya said.
“This application lacks merit. Interlocutory decisions such as this are not appealable under the law. Only final rulings determining the winner of an election can be appealed.”
The court has scheduled cross-examination of witnesses for Tuesday, May 13, and Wednesday, May 14, starting at 9:00 AM. The judge also ordered both parties to strictly comply with the set timelines or risk sanctions.
MP Nalukoola expressed disappointment with the ruling.
“I respect the court's authority but strongly disagree with this decision,” he said.
“Museveni and his people are the ones benefiting from this situation. I will continue to pursue all available legal remedies.”
The case stems from a petition filed by NRM’s Faridah Nambi, who is challenging Nalukoola’s March 13 victory. The Electoral Commission declared Nalukoola, a candidate for the National Unity Platform (NUP), the winner with 17,939 votes.
Nambi alleges widespread electoral malpractice, including voter bribery. Her petition includes affidavits from individuals claiming they were offered cash—ranging from Shs5,000 to Shs10,000—to influence their votes.
Through his legal team, led by lawyer Muhammad Mbabazi, Nalukoola had sought to cross-examine 29 of Nambi’s 34 witnesses.
However, in an earlier ruling, the court approved only 10, including Nambi herself and selected polling agents.
Samuel Muyizzi Mulindwa, a member of Nalukoola’s legal team, argued that limiting cross-examination infringed on their client’s right to a fair hearing. He said the judge had overstepped by determining which witnesses the defence could question.
Justice Namanya disagreed, reiterating that the court must act within the legal time constraints for election petitions.
“This is not a matter that raises issues of legal complexity warranting appellate review,” he said.
The court also directed Nambi to present her witnesses for cross-examination as scheduled. She will then have the opportunity to question Nalukoola’s witnesses on Thursday, May 15.
As the legal battle intensifies, both camps are under pressure to comply with court orders in a race against time that could determine the final outcome of the Kawempe North parliamentary seat.