Uganda Case Law

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…

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

Kasule v Ruyonga and Another

Kasule v Ruyonga and Another (Election Petition No. 5 of 2021) [2021] UGHCEP 27 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 5 of 2021

Judge

Ajiji, J

The High Court dismissed an election petition challenging the Hoima West Division parliamentary election, finding the petitioner failed to prove non-compliance or bribery.

• Parliamentary Elections
• Electoral Offences
• Bribery Allegations
• Burden Of Proof
• Declaration Of Results Forms
• Election-petitions

Hon. Lanyero v Acora and Another

Hon. Lanyero v Acora and Another (Election Petition No. 1 of 2021) [2021] UGHCEP 47 (20 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 1 of 2021

Judge

Asiimwe, J

The petitioner failed to prove, on a higher balance of probability, any substantial non-compliance with electoral laws or commission of illegal practices and offences by the respondents. The update of the voter register was conducted within the statutory framework, and no evidence showed that the additional voters affected the outcome or voted for the 1st respondent. The use of colours and symbols did not confuse voters, and no credible evidence of violence, intimidation, or bribery was presented. The omission to tick names in the voter roll at certain polling stations was a minor error, not…

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• Voter Register Update
• Use Of Party Colours
• Campaign Violence And Intimidation
• Bribery Allegations
• Declaration Of Results Forms
• Substantial Effect Test

Achieng & Anor Vs Ayo

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…

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• Parliamentary Elections Act Compliance
• Burden And Standard Of Proof
• Declaration Of Results Forms
• Substantial Effect Test
• Electoral Irregularities
• Remedies And Costs

Nsegumire Semata Kibedi v Returning Officer & 2 Ors

Nsegumire Semata Kibedi v Returning Officer & 2 Ors (Election Appeal No. 71 of 2016) [2017] UGCA 30 (3 August 2017)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 71 of 2016

Judge

Kasule, JA, Obura, JA, Buteera, JA

The Court of Appeal upheld Serunjogi Charles Musoke’s election as Kampala Central Division chairperson, finding the appellant failed to prove defamation or that disputed DR Forms changed the result.

• Declaration Of Results Forms
• Burden Of Proof In Election Petitions
• Electoral Offences Defamation
• Role Of Returning Officer
• Certification Of Election Documents
• Substantial Effect On Election Results

Iriama v Anyakun and Anor (HCT-00-CV-EP 4 of 2016)

Iriama v Anyakun and Anor (HCT-00-CV-EP 4 of 2016) [2016] UGHCEP 32 (25 July 2016)

Court

Election Petitions of Uganda

Case number

HCT-00-CV-EP 4 of 2016

The court found that the Petitioner failed to prove, on a balance of probabilities, that the 2nd Respondent’s non-compliance with electoral laws or the alleged illegal practices by the 1st Respondent affected the election results in a substantial manner. The evidence presented regarding bribery, ballot stuffing, and irregularities in the signing of declaration forms was either uncorroborated, contradicted, or insufficient to meet the legal threshold. The court noted that most declaration forms were signed without adverse comments, and the alleged excess ballot papers did not demonstrably bene…

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• Parliamentary Elections
• Electoral Offences
• Bribery In Elections
• Burden Of Proof
• Declaration Of Results Forms

Okot v Electoral Commission and Anor

Okot v Electoral Commission and Anor (Election Petition No. 2 of 2016) [2016] UGHCEP 42 (23 June 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 2 of 2016

The High Court at Gulu dismissed an election petition challenging the Agago North parliamentary result, finding no proven bribery or substantial non-compliance.

• Parliamentary Elections
• Voter Bribery
• Electoral Malpractice
• Burden Of Proof
• Declaration Of Results Forms
• Defamation

Akileng v Olirah and Anor

Akileng v Olirah and Anor (Election Petition No. 27 of 2011) [2011] UGHCEP 299 (28 July 2011)

Court

Election Petitions of Uganda

Case number

Election Petition No. 27 of 2011

The court found that the conduct of the LCIII Chairperson elections in Mella sub county was substantially in compliance with the Local Government Act. Alleged irregularities, such as errors in computation, unsigned declaration forms, and claims of intimidation or violence, were either minor, corrected, or unsupported by credible evidence. The votes cast for each candidate were properly accounted for, and no evidence was adduced to show that any malpractice or non-compliance affected the results in a substantial manner. The burden of proof was not discharged by the petitioner, and no illegal p…

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• Local Council Elections
• Electoral Malpractice
• Declaration Of Results Forms
• Burden Of Proof In Election Petitions
• Substantial Compliance
• Electoral Offences

Sebalu v Njuba

Sebalu v Njuba (Election Petition Appeal 6 of 2009) [2010] UGSC 39 (14 May 2010)

Court

Supreme Court of Uganda

Case number

Election Petition Appeal 6 of 2009

Judge

Tsekooko, JSC, Katureebe ,JSC, Tumwesigye, JSC, G. M. Okello, JSC, Kisaakye, JSC

The Supreme Court held that while there was non-compliance with section 50 of the Parliamentary Elections Act at Kireka 'B' St. Stephen polling station due to the use of a non-prescribed Declaration of Results Form, the appellant failed to prove that this irregularity affected the overall results of the Kyadondo East Constituency election in a substantial manner. The Court emphasized that under section 61 of the Act, it is not enough to show a procedural irregularity; the petitioner must demonstrate that the non-compliance had a substantial effect on the election outcome. The evidence present…

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• Parliamentary Elections
• Election Irregularities
• Burden Of Proof
• Declaration Of Results Forms

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…

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