This happened just two months after he was sworn into office on March 26, 2025.
The court, led by Justice Bernard Namanya, said the election on March 13 was not done properly. The judge ruled that some parts of the election did not follow the law, and this affected the final results.
Even though Nalukoola has lost his seat, legal experts say he does not have to return the Shs 200 million vehicle allowance that he received while he was MP. He will also keep other benefits he got during the time he served in Parliament.
Why He Can Keep the Money
Lawyers point to something called the “de facto officer doctrine”. This is a rule in Uganda’s legal system, and in other countries like the UK and Kenya.
It says that if someone is given a public job and works in good faith (honestly and without cheating), the things they do—and the benefits they get—are still legal, even if later they are removed from that job.
In Nalukoola’s case, the Electoral Commission officially declared him the winner. He took the oath and started working as MP. There is no evidence that he cheated or acted dishonestly to get the seat. Because of this, experts say he earned the car allowance legally.
The law that guides parliamentary elections—the Parliamentary Elections Act—has no part that says someone must return money or benefits if their election is cancelled.
The law only talks about cancelling elections under certain conditions, such as if the process was unfair, but it does not order people to give back their salaries or allowances.
Past Examples Show the Same
This is not the first time such a case has happened in Uganda. Other MPs, such as Peter Sematimba and Eddie Kwizera, also lost their seats after court rulings.
However, just like Nalukoola, they were not asked to return any money or benefits they had received while they were still MPs.
The rules of Parliament and Government Standing Orders also support this view. They say that once an MP is sworn in, they are entitled to full pay and allowances until the seat is officially declared vacant.
This means that benefits cannot be taken back, and there is no law that allows the government or Parliament to ask for the money later. Also, Uganda’s Constitution (specifically Articles 42 and 44) says that no one should be punished or made to return money unless there is a clear law that says so.
Public Reaction
Some people online and in the media are not happy about this. They are asking why such a large amount of money—Shs 200 million—was given to an MP who served for only a short time. Many wonder if public funds are being used wisely, especially with the 2026 general elections around the corner.
But the law remains clear. Since Nalukoola served legally, even if only for a few weeks, he is allowed to keep the car and the money.
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