KAMPALA, UGANDA
The delayed gazettement of Erias Nalukoola as the winner of the Kawempe North parliamentary by-election has sparked legal concerns, with Lawyer Samuel Muyizi asserting that the delay is illegal and hinders the due process of electoral law.
Muyizi, legal advisor for the National Unity Platform (NUP), stated that the Electoral Commission’s failure to gazette Nalukoola’s victory prevents the filing of any potential election petitions. He emphasized that gazettement is a necessary procedural step, a public notice of the declared results.
“You cannot file an election petition without the gazettement of the election winner,” Muyizi said. “The delay is, simply put, interference.”
Muyizi also expressed concerns that the law is being subjected to political manipulation. “Right now, the law follows the politics,” he stated, highlighting what he perceives as interference throughout the electoral process.
Members of Parliament have also voiced their concerns. During a recent plenary session, they questioned the Electoral Commission’s inaction, drawing comparisons to past elections where winners were gazetted promptly. Speaker Anita Among clarified that Parliament cannot swear in a new MP until the gazettement is complete.
“We are dismayed that the Electoral Commission has not gazetted the winner of the Kawempe North by-election,” stated Leader of the Opposition, Hon. Joel Ssenyonyi.
Speaker Among has directed the Attorney General to investigate the delay, emphasizing Parliament’s concern and the need for Kawempe North to have representation.
The situation has raised questions about the integrity of the electoral process, and the independence of the electoral commision.
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