Uganda Case Law

Othieno Okoth Richard vs Ochai Maximus and Another

Othieno Okoth Richard vs Ochai Maximus and Another (Election Petition No. 14 of 2021) [2022] UGHCEP 6 (1 December 2022)

Court

Election Petitions of Uganda

Case number

Election Petition No. 14 of 2021

Judge

Kazibwe, J

Election petition over the West Budama County North parliamentary result was dismissed. The court found no proved substantial non-compliance, bribery, intimidation, or ballot stuffing.

• Parliamentary Elections
• Electoral Malpractice
• Burden And Standard Of Proof
• Use Of Electronic Verification
• Bribery And Intimidation
• Ballot Stuffing

Shukla v Electoral Commission and Another

Shukla v Electoral Commission and Another (Election Petition No. 9 of 2021) [2021] UGHCCD 115 (14 October 2021)

Court

HC: Civil Division (Uganda)

Case number

Election Petition No. 9 of 2021

Judge

Muwata, J

The petitioner failed to adduce cogent and satisfactory evidence to prove to the satisfaction of the court that illegal practices, electoral offences, or noncompliance with electoral laws occurred and substantially affected the results of the election. The court found that the alleged irregularities regarding declaration of results forms, ballot stuffing, and unsigned forms were either unsupported by credible evidence or, even if assumed, would not have altered the overwhelming margin of victory of the 2nd respondent. The burden of proof in election petitions is high and rests on the petition…

Source excerpt

• Parliamentary Elections
• Ballot Stuffing
• Declaration Of Results Forms
• Burden Of Proof
• Substantiality Test
• Agent Signatures

Wamara v Electoral Commission and Another

Wamara v Electoral Commission and Another (Election Petition No. 30 of 2021) [2021] UGHCEP 25 (12 October 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 30 of 2021

Judge

Busingye, J

The High Court dismissed a local government election petition over Bumasheti Sub-County, finding no proven electoral non-compliance or substantial effect on the result.

• Electoral Offences
• Burden Of Proof
• Substantial Effect Test
• Agency Relationship
• Ballot Stuffing
• Voter Intimidation

Waneloba v Masaba and Another

Waneloba v Masaba and Another (Election Petition No. 27 of 2021) [2021] UGHCEP 15 (30 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 27 of 2021

Judge

Bashaija, J

The High Court dismissed an election petition challenging the LCIII Manafwa Town Council result, finding no proved bribery, violence, or ballot stuffing.

• Election Non Compliance
• Voter Bribery
• Violence And Intimidation
• Ballot Stuffing
• Burden Of Proof
• Remedies In Election Petitions

Ninsiima Kasirabo & Anor v Mpuga David

Ninsiima Kasirabo & Anor v Mpuga David (Election Appeal No. 55 of 2016) [2017] UGCA 31 (10 October 2017)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 55 of 2016

The Court of Appeal of Uganda set aside nullification of an MP election, holding that alleged intimidation, ballot stuffing, and falsified DR forms were not proved sufficiently.

• Parliamentary Elections
• Electoral Malpractice
• Burden Of Proof
• Ballot Stuffing
• Voter Intimidation
• Election-petitions

Nyanzi Ssentamu v Electoral Commission and 2 Others

Nyanzi Ssentamu v Electoral Commission and 2 Others (Election Petition No. 2 of 2021) [2023] UGHCCD 6 (20 April 2023)

Court

HC: Civil Division (Uganda)

Case number

Election Petition No. 2 of 2021

Judge

Byaruhanga Rugyema, J

The court found that the petitioner failed to adduce credible and cogent evidence to prove non-compliance with electoral laws or commission of electoral offences by the respondents. The errors in computation and categorization of votes and ballot papers on the declaration of results forms did not affect the actual votes garnered by each candidate, and the forms were properly endorsed by agents and presiding officers. Allegations of ballot stuffing, bribery, and other malpractices were unsubstantiated, lacking corroboration and independent evidence. The affidavits of witnesses who did not appe…

Source excerpt

• Parliamentary Elections
• Electoral Offences
• Declaration Of Results Forms
• Burden And Standard Of Proof
• Bribery
• Ballot Stuffing