Uganda Case Law

Independent Electoral Commission of Kenya v Kiwanuka and Another (Application No.47 of 2022)

Independent Electoral Commission of Kenya v Kiwanuka and Another (Application No.47 of 2022) [2024] EACJ 13 (28 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.47 of 2022

Judge

Gacuko J, Kasanda J, Masara PJ, Muhumuza J, Wejuli J

The Court held that intervention under Article 40 of the Treaty and Rule 59(4) of the Rules is discretionary and requires the Applicant to demonstrate a direct, immediate, and substantial interest in the proceedings that is not already represented by existing parties. The Independent Electoral and Boundaries Commission of Kenya's interest was found to be tangential and duplicative of the Attorney General's, as the 2nd Respondent already adequately represents the interests of Kenyan government institutions. The Applicant failed to show that its intervention would add unique insights or was ind…

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• Intervention Threshold
• Standing Of State Organs
• Treaty Interpretation
• Election Disputes
• Joinder Of Parties

Noudehouenou v Republic of Benin (Application No. 010/2021)

Noudehouenou v Republic of Benin (Application No. 010/2021) [2022] AfCHPR 56 (21 December 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 010/2021

Judge

Aboud P, Anukam J, Ben Achour J, Kioko J, Mengue J, Ntsebeza J, Tchikaya VP

The Court found that it had prima facie jurisdiction to entertain the request for provisional measures, as the alleged violations concerned rights protected by instruments ratified by the Respondent States and the relevant Declarations were still effective for the purposes of this Application. However, the requests relating to the 2021 presidential election were declared moot because the election had already taken place. The Court held that it could not order provisional measures against the Executive Council, as it is not a party to the proceedings nor a State Party to the Protocol. The requ…

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• Enforcement Of Court Judgments
• Right To Effective Remedy
• Arbitrary Detention
• Election Disputes
• Executive Council Liability

Electoral Commission and Another v Hon. Lanyero Molly (22 of 2022; 33 of 2022; 44 of 2022; Consolidated Election Petition)

Electoral Commission and Another v Hon. Lanyero Molly (22 of 2022; 33 of 2022; 44 of 2022; Consolidated Election Petition) [2022] UGCA 336 (23 May 2022)

Court

Court of Appeal of Uganda

Case number

22 of 2022 ; 33 of 2022 ; 44 of 2022 ; Consolidated Election Petition

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The court held that the applicant failed to comply with the mandatory timelines for filing and serving the Notice of Appeal, Memorandum of Appeal, and Record of Appeal in an election petition appeal. The applicant did not provide sufficient cause or exceptional circumstances to justify extension of time or validation of the late filings. The court emphasized that election petition appeals are governed by strict procedural rules and statutory timeframes, and that reliance on Article 126(2)(e) of the Constitution cannot excuse non-compliance. The applicant's conduct, including the delay and lac…

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• Extension Of Time
• Validation Of Appeal
• Striking Out Appeal
• Procedural Compliance
• Election Disputes

Isingoma Mugimba v Electoral Commission and Another

Isingoma Mugimba v Electoral Commission and Another (Civil Suit No. 6 of 2021) [2021] UGHCEP 32 (23 August 2021)

Court

Election Petitions of Uganda

Case number

Civil Suit No. 6 of 2021

Judge

Ajiji, J

The High Court at Masindi allowed withdrawal of an election-related suit, but ordered costs for the defendants limited to lawyers’ fees and directed gazetting.

• Withdrawal Of Suit
• Costs Award
• Election Disputes
• Jurisdiction
• Procedure For Election Petitions
• Withdrawal-of-suit

Komu v Attorney General of Republic of Tanzania

Komu v Attorney General of Republic of Tanzania (Reference No. 7 of 2012) [2013] EACJ 150 (14 February 2013) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No. 7 of 2012

Judge

Arach-Amoko DPJ, Busingye PJ, Butasi J

The Court allowed Tanzania’s late application to file a response, citing the public importance of the EALA election dispute despite weak reasons for delay.

• Extension Of Time
• Election Disputes
• Public Interest Considerations
• Extension-of-time
• Eala-elections
• Public-interest

Komu v Attorney General of the Republic of Tanzania

Komu v Attorney General of the Republic of Tanzania [2013] EACJ 146 (14 February 2013) (First Instance Division)

Court

East African Court of Justice

Judge

Arach-Amoko JA, Busingye PJ, Butasi JA

The East African Court of Justice allowed Tanzania’s late request to respond to a Reference, citing the public importance of the EALA election dispute.

• Extension Of Time
• Election Disputes
• Public Interest
• Court Inherent Powers
• Extension-of-time
• Eala-elections