Nakawa Magistrate Suspends Own Ruling That Stripped Luyombya of Councillor Seat

What the report says

Chief Magistrate Joe Fay Adoko of the Nakawa Chief Magistrate’s Court has temporarily suspended enforcement of an earlier ruling that nullified Godfrey Luyombya’s election as directly elected councillor for Nakawa Division II and declared Emmanuel Kitosi the winner. According to Nile Post, the interim order was issued on November 3, 2026, and stays execution of the judgment while the court considers a substantive application filed by Luyombya.

The original election petition had found that irregularities affected the result and that Kitosi had provided enough numerical evidence to justify overturning the outcome. On that basis, the court had ordered Luyombya to vacate the seat and directed the Electoral Commission to gazette Kitosi as the duly elected councillor, with costs awarded to Kitosi. The latest order does not reverse that decision on the merits, but pauses its implementation for now.

The case has raised a procedural question about whether a court can suspend the effects of its own election judgment. Nile Post notes that Uganda’s civil procedure rules allow a stay of execution in some circumstances, while the Local Governments Act sets out specific steps for election disputes, including notification of the Electoral Commission and provisions for appeals. The practical effect of the interim order on the seat at Nakawa Division II will depend on the outcome of the pending application.