The High Court in Kampala has dismissed an application by Kawempe North Member of Parliament Elias Nalukoola Luyimbazi, who sought leave to cross-examine all witnesses presented by his political rival, Faridah Nambi Kigongo, in an ongoing election petition challenging Nalukoola’s March 13, 2025 victory. The ruling, delivered by Justice Bernard Namanya on Monday, May 12, 2025, upheld an earlier court decision limiting Nalukoola’s legal team to cross-examining only 10 of the 34 witnesses called by Nambi.
Nalukoola’s lawyers had initially requested permission to cross-examine 29 of the 34 witnesses presented by Nambi, arguing that restricting cross-examination to just 10 witnesses infringed on their client’s right to a fair hearing. They filed an oral application seeking to appeal the court’s limitation. However, Justice Namanya ruled that interlocutory decisions in election petitions, such as limiting the number of witnesses for cross-examination, are not immediately appealable under Ugandan law. He emphasized that only final rulings determining the election outcome can be appealed, citing Rule 13 of the Parliamentary Elections Act, which mandates the expeditious disposal of election petitions within 30 days to avoid unnecessary delays.
“Cross-examination is not an absolute right. It must be granted with permission of the court and exercised within the limits of the law,”
Justice Namanya stated, underscoring the court’s duty to balance fair hearing rights with the need for timely resolution of election disputes. He further noted that even where appeals are permitted, they must raise substantial legal issues warranting intervention by the Court of Appeal, which was not the case here.
The judge issued fresh directives for the continuation of the hearing. Nalukoola will cross-examine the 10 selected witnesses on Tuesday and Wednesday, May 14 and 15, 2025, starting at 9:00 AM. Nambi was ordered to ensure her witnesses appear without fail. Following this, Nambi will cross-examine Nalukoola’s witnesses, including the MP himself, on Thursday, May 15, 2025, with Nalukoola required to present all his witnesses for cross-examination on that day.
The case centers on Nambi’s petition challenging the validity of Nalukoola’s election, alleging widespread electoral malpractice including voter bribery and irregularities involving both the MP and the Electoral Commission. Affidavits submitted by Nambi’s legal team claim that voters were offered cash ranging from Shs5,000 to Shs10,000 to influence their votes.
Nalukoola expressed disappointment with the court’s ruling but vowed to continue pursuing all available legal remedies. His legal team, led by lawyer Muhammad Mbabazi, argued that the court’s limitation on cross-examination compromised their client’s right to a full defense and fair trial. However, Justice Namanya maintained that the court must act within the strict timelines set by law to ensure the swift resolution of election disputes, cautioning that entertaining appeals at this stage would derail the process.
The court also ruled that the issue of legal costs will be determined after the hearing of the main petition concludes. Both parties are under pressure to strictly comply with the court’s schedule as the legal battle intensifies in the race to determine the final outcome of the Kawempe North parliamentary seat.
In conclusion,
The High Court’s dismissal of Nalukoola’s application to cross-examine all of Nambi’s witnesses reinforces the legal framework prioritizing timely resolution of election petitions while balancing procedural fairness. The upcoming cross-examination sessions will be critical in shaping the court’s final determination of the disputed parliamentary seat.