The delay has sparked widespread concern, with legal experts and opposition politicians questioning whether the EC is failing to adhere to established legal procedures as outlined in Uganda’s electoral laws.
The swearing-in of Kawempe North MP-elect Elias Luyimbazi Nalukoola hangs in uncertainty as the Electoral Commission (EC) has yet to officially confirm him as the duly elected representative.
This development comes despite the same commission declaring him the winner of the parliamentary election last week.
The delay has sparked widespread concern, with legal experts and opposition politicians questioning whether the EC is failing to adhere to established legal procedures as outlined in Uganda’s electoral laws.
According to official results, Nalukoola, who ran on the National Unity Platform (NUP) ticket, secured 17,764 votes, emerging victorious in the highly contested Kawempe North race.
However, his swearing-in has yet to take place, with Speaker of Parliament Anita Among citing the EC’s failure to confirm his election.
Ms Among reportedly asked the commission to clarify why Nalukoola has not been gazetted as the duly elected MP—a key procedural step before he can be sworn in.
“If a member wins a wait for a gazette. When I get it, that’s when I can swear in a member. So, I am waiting for a Gazette,” stated the speaking during a plenary sitting on Thursday.
Under Section 78(1) of the Parliamentary Elections (Amendment) Act, 2010, the Electoral Commission is required to ascertain, declare in writing under its seal, and publish the result of the election in each constituency within 48 hours of polling.
Despite this legal provision, more than a week has passed without confirmation of Nalukoola’s victory.
The EC, however, insists it is still operating within its legal timeframe, citing Section 78(2) of the same Act, which provides for the submission of a detailed report on the elections by the returning officer.
“We are aware of this issue and our mandate as EC and we’ll handle the matter according to the law,” EC spokesperson Julius Mucunguzi told our reporter
NUP spokesperson Joel Ssenyonyi has accused the Electoral Commission of deliberately stalling the process, alleging that the delays could be politically motivated.
“When you conduct an election and you declare a winner that person is out of your hands, all you have to do is to immediately gazette him and they get sworn,” he said.
”Anyone who has any issue they seek recourse in the courts of the law,” he added.
Senior lawyer Dan Wandera Ogalo also expressed concern that Nalukoola might be unable to take office unless the EC published his victory in the Uganda Gazette, a requirement for parliamentary swearing-in.
“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,” Ogalo remarked, warning that this could set a dangerous precedent.
“She (the Speaker) can only know by a reason of gazzete, an official communication,” stated Ogalo.
Amid the growing controversy, President Yoweri Museveni, who also serves as the chairman of the ruling National Resistance Movement (NRM), has ordered the police to investigate the Kawempe North election results.
Some critics believe this probe could be influencing the EC’s hesitancy to confirm Nalukoola’s victory.
Initially, the EC claimed 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 since passed, and Mucunguzi has been unable to confirm whether the report has been received.
