The swearing-in of Kawempe North MP-elect Elias Luyimbazi Nalukoola is shrouded in uncertainty, as the Electoral Commission (EC) has yet to officially confirm his election. Despite being declared the winner of the parliamentary by-election last week, the delay has raised questions about adherence to Uganda’s electoral procedures.
Nalukoola, who ran on the National Unity Platform (NUP) ticket, secured 17,764 votes in the highly contested race. However, his swearing-in has been postponed, as Speaker of Parliament Anita Among has highlighted the EC’s failure to officially confirm his victory.
Ms. Among stated during a plenary session on Thursday:
“If a member wins, we wait for the gazette. When I get it, that’s when I can swear in a member. So, I am waiting for a Gazette
Under Section 78(1) of the Parliamentary Elections (Amendment) Act, 2010, the EC is mandated to confirm and publish the results of an election within 48 hours. However, more than a week has passed without the publication of Nalukoola’s victory, which has drawn the attention of legal experts and opposition figures.
Legal experts are concerned that the failure to gazette Nalukoola’s win might undermine the legal framework governing parliamentary elections. Senior lawyer Dan Wandera Ogalo noted:
“The law mandates the Electoral Commission to confirm and gazette the winner within a reasonable time. The fact that this has not happened suggests a deliberate effort to delay his swearing-in. This could set a dangerous precedent.”
Despite the concerns, the EC insists it is operating within the law. EC spokesperson Julius Mucunguzi explained that the commission is awaiting a detailed report from the returning officer, which is required before the election results can be officially gazetted.
“We are aware of this issue and our mandate as EC, and we’ll handle the matter according to the law,” Mucunguzi said in a statement.
Opposition figures, including NUP spokesperson Joel Ssenyonyi, have accused the Electoral Commission of intentionally stalling the process. They suggest that the delay may be politically motivated.
Ssenyonyi argued:
“When you conduct an election and declare a winner, that person is out of your hands. All you have to do is immediately gazette them so they can be sworn in. Anyone with concerns should seek recourse in the courts of la
Amidst the controversy, President Yoweri Museveni, also the chairman of the ruling National Resistance Movement (NRM), has ordered the police to investigate the Kawempe North election results. Some critics believe this investigation might be influencing the EC’s hesitancy to confirm Nalukoola’s victory.
Initially, the EC indicated that it was waiting for an official election report from Kawempe North, which was expected to be submitted within seven days after polling. However, the deadline has passed, and EC officials, including Mucunguzi, have been unable to confirm whether the report has been received.
