The High Court in Kampala has dismissed an application by Kawempe North Member of Parliament Elias Nalukoola Luyimbazi seeking permission to appeal a ruling that limited the number of witnesses his legal team can cross-examine in an ongoing election petition.
In a ruling delivered on Monday, Justice Bernard Namanya declared that Nalukoola’s oral application was legally untenable, stating that interlocutory rulings—decisions made in the course of a trial—cannot be appealed in election petitions until a final judgment is issued.
“The law does not allow appeals against interlocutory rulings in election matters. One can only appeal after the final determination of the petition,” Justice Namanya said.
He cited Rule 13 of the Parliamentary Elections Act, which requires election petitions to be resolved within 30 days. “Entertaining an appeal at this stage would derail that timeline,” he added.
The legal dispute stems from the court’s decision to permit cross-examination of only 10 out of the 29 witnesses Nalukoola’s team had sought to question.
The witnesses had been presented by the petitioner, Faridah Nambi Kigongo, who is challenging the validity of Nalukoola’s election.
In rejecting the MP’s request to appeal the ruling, the judge emphasized that even where appeals are allowed, they must present significant legal questions worthy of higher court scrutiny.
“Cross-examination is not an absolute right. It must be granted with permission of the court and exercised within the limits of the law,” he noted.
Justice Namanya has since issued fresh directives for the continuation of the hearing. Nalukoola will cross-examine the approved 10 witnesses on Tuesday and Wednesday, May 14, 2025, beginning at 9 a.m. Nambi has been ordered to ensure that her witnesses appear without fail.
In turn, Nambi will cross-examine Nalukoola’s witnesses, including the MP himself, on Thursday, May 15, 2025. The court has directed that all of Nalukoola’s witnesses must be present for cross-examination that day.
The question of legal costs will be decided after the conclusion of the main petition, which accuses Nalukoola and the Electoral Commission of electoral malpractice during the 2021 parliamentary elections.
