Electoral Commission says no by-election to replace deceased Hellen Nakimuli in Kalangala until start of 12th parliament
The EC chairperson also drew parallels with a similar situation in Kikuube District, where the district chairperson, who had also been re-elected, passed away. In that case, the Commission has already received notification from the Chief Administrative Officer and is preparing a programme to fill the vacancy in line with the Local Government Act.
The Chairperson of the Electoral Commission, Justice Simon Byabakama Mugenyi, has said the Commission is awaiting formal communication from the Clerk to Parliament before commencing the process of organising a by-election for the Kalangala District Woman Member of Parliament seat.
The Kalangala District Woman Member of Parliament seat fell vacant following the death of Hellen Nakimuli, who has been representing the island district in the 11th Parliament. She has been re-elected to represent the district in the 12th Parliament. Nakimuli died following an unsuccessful surgical procedure at Alexandros Medical Center in Kampala.
Speaking on the matter regarding replacing Nakimuli, Byabakama explained that the law provides a clear procedure once a parliamentary vacancy arises, whether through death, resignation, or a court decision.
“Under the law, once a vacancy occurs in Parliament, the Clerk to Parliament is required to notify the Electoral Commission within ten days of the occurrence. Thereafter, the Commission must organise a by-election within 60 days from the date of notification,” he said.
In the current situation, the Kalangala District Woman MP-elect passed on before taking office, creating a unique constitutional scenario. Byabakama noted that although the deceased was both the incumbent and the duly elected representative for the upcoming term, her death means there will be no one to take oath when the new Parliament convenes.
“This means that on May 13, 2026, when the new term of government begins and Members of Parliament are sworn in, there will be no duly elected Woman Member of Parliament for Kalangala District to take oath,” he said.
He added that the Electoral Commission cannot conduct a by-election before the expiry of the current parliamentary term on May 12, 2026, noting that such action would be inconsistent with the law.
“As a Commission, there is little we can do between now and May 12. A by-election cannot be conducted within these remaining days,” Byabakama clarified.
He, however, assured the public that once the Clerk to Parliament formally communicates the vacancy, the Commission will immediately outline a roadmap for the by-election and inform the country accordingly.
The EC chairperson also drew parallels with a similar situation in Kikuube District, where the district chairperson, who had also been re-elected, passed away. In that case, the Commission has already received notification from the Chief Administrative Officer and is preparing a programme to fill the vacancy in line with the Local Government Act.
Byabakama described the recent deaths of elected leaders as unfortunate, noting that within a short period, the country has lost two incumbents who had also secured mandates for the next term.
“These are facts of life,” he said.
The forthcoming by-election in Kalangala will be critical in ensuring the district is represented in the 12th Parliament once the new term begins.
