Uganda v Nansubuga & 2 Others (Session Case 9 of 2023) [2023] UGHCICD 6 (22 January 2023)
Court
HC: International Crimes Division (Uganda)
Case number
Session Case 9 of 2023
Judge
Okalany, J
Confirmation-of-charges ruling in an anti-terrorism case. The High Court declined to confirm all counts, finding the prosecution had not shown substantial grounds to believe the accused committed the offences.
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.
Magombe v Electoral Commission and Another (Election Petition No. 19 of 2021) [2021] UGHCEP 19 (7 September 2021)
Court
Election Petitions of Uganda
Case number
Election Petition No. 19 of 2021
Judge
Ojok, J
The High Court dismissed an election petition over the Mbale City Chairperson election, finding the petitioner failed to prove bribery or other electoral offences.
Achieng & Anor Vs Ayo (Election Petition Appeal No. 59 of 2016) [2017] UGCA 121 (14 December 2017)
Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No. 59 of 2016
Judge
Owiny-Dollo, DCJ, Kavuma, JA, Buteera, JA
The Court of Appeal found that the respondent failed to discharge the burden of proof regarding the alleged late delivery and mishandling of Osukuru Sub-county election materials. The evidence established that the ballot boxes arrived at the Tally Centre before midnight on 18th February 2016, and the original Declaration of Results Forms were used and transmitted as required. Minor errors and omissions in the DR Forms, including unsigned forms, did not amount to substantial non-compliance, as agents signed and did not contest the results. The alleged exclusion and alteration of votes were eit…
Nabukeera Hanifa v Kusasira Peace K. Mubiru and Electoral Commission (Election Petition Appeal 72 of 2016) [2017] UGCA 137 (20 November 2017)
Court
Court of Appeal of Uganda
Case number
Election Petition Appeal 72 of 2016
Judge
Owiny-Dollo, DCJ, Kavuma, JA, Mugamba, JA
Appeal from a parliamentary election petition. The Court addressed burden of proof, recanted affidavits, voter bribery, and non-compliance, and upheld the election.
Chebrot Stephen Chemoiko v Soyekwo Kenneth and the Electoral Commission (Election Petition Appeal No.56 of 2016) [2017] UGCA 14 (4 May 2017)
Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No.56 of 2016
Judge
Kavuma, JA, Mugamba, JA, Musoke, JA
The Court of Appeal found that the trial judge erred in treating the affidavits of the appellant's agents and supporters as hearsay, since their sources were disclosed and affidavits filed together with the petition. However, the court upheld the exclusion of certain affidavits in rejoinder that did not specifically respond to new matters in the respondents' replies. On the issue of disenfranchisement, the court disagreed with the trial judge's strict interpretation, holding that disenfranchisement includes not only denial of the right to vote but also failure to have votes counted. Neverthel…
Alaso v Electoral Commission and Anor (HCT-00-CV-EP 5 of 2016) [2016] UGHCEP 33 (25 July 2016)
Court
Election Petitions of Uganda
Case number
HCT-00-CV-EP 5 of 2016
The court found that there was substantial non-compliance with electoral laws by the Respondents, including the use of a government ambulance for campaign purposes, widespread distribution of money and goods (bribery), harassment and arrest of the Petitioner’s agents, and significant irregularities in ballot paper accounting. The evidence, particularly the unchallenged affidavit of Cephas Mukhwana and the corroborated use of the government ambulance, established that the 2nd Respondent and her agents committed illegal acts with her knowledge and approval. The Returning Officer’s failure to ad…
Nabukenya v Nakate and Anor (Parliamentary Election Petition No. 26 of 2016) [2016] UGHCEP 16 (17 June 2016)
Court
Election Petitions of Uganda
Case number
Parliamentary Election Petition No. 26 of 2016
The court found that there was substantial non-compliance with electoral laws at specific polling stations, notably Galikwoleka and Kizito, where intimidation, hijacking of vote counting, and multiple voting occurred. The evidence established that the Electoral Commission lost control of the polling process, and the 1st Respondent was implicated in illegal practices, including bribery at Vumba Village. The court rejected the 1st Respondent's affidavit as invalid, further undermining her defense. The cumulative effect of these irregularities was found to have substantially affected the credibi…
Kyotasobora v Kabakumba Masiko and Another (Election Petition Appeal No. 54 of 2011) [2012] UGCA 63 (23 November 2012)
Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No. 54 of 2011
Judge
Kasule, JA, Nshimye, JA, Arach-Amoko JA
The Court of Appeal found that the appellant failed to prove, on a balance of probabilities, that the first respondent committed bribery or other electoral offences, or that there was substantial non-compliance with electoral laws affecting the election result. The evidence presented by the appellant's witnesses was found unreliable, lacking in specificity, or hearsay, and did not establish that the first respondent or her agents engaged in bribery or intimidation. The trial judge was correct in rejecting evidence regarding vehicle registration and alleged intimidation by army soldiers, as it…
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…