Uganda Case Law

Ariko v Omara and Another

Ariko v Omara and Another (Election Petition No. 7 of 2021) [2023] UGHCEP 5 (9 March 2023)

Court

Election Petitions of Uganda

Case number

Election Petition No. 7 of 2021

Judge

Serunkuma, J

The court found that the first respondent, Omara Yuventine, was unlawfully nominated and elected as district chairperson for Abim because he had not properly resigned from the Uganda Peoples Defence Forces (UPDF) in accordance with the procedure prescribed by law. The evidence showed that the first respondent continued to receive salary after his alleged resignation, and there was no written approval of resignation from the Commission Board as required by Section 66 of the UPDF Act and relevant regulations. The court rejected the argument that mere submission of a resignation letter sufficed,…

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• Nomination Qualification
• Military Service And Political Office
• Electoral Commission Duties
• Local Government Elections
• Burden Of Proof
• Setting Aside Election Results

Onega v Electoral Commission

Onega v Electoral Commission (Constitutional Petition No. 6 of 2016) [2021] UGCC 21 (9 August 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 6 of 2016

Judge

Bamugemereire, JCC, Kakuru, JCC, Madrama, JCC, Mulyagonja, JCC, Buteera, DCJ

The majority of the Constitutional Court held that the Electoral Commission's act of retiring the 2011 Voters' Register and substituting it with data from the National Identification Enrolment Register, resulting in the omission of the Petitioner's name, was inconsistent with its constitutional duty to maintain the Voters' Register under Article 61(1)(e). The Commission's failure to maintain its existing data bank and ensure the Petitioner's continued registration violated his right to vote and to stand as a candidate, as protected by Articles 17(1)(h), 20(2), 21, 59, and 80(1)(b) of the Cons…

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• Right To Vote
• Electoral Register Management
• Constitutional Interpretation
• Administrative Errors
• Electoral Commission Duties

Bwire Adeya v Ochieng and 2 Others

Bwire Adeya v Ochieng and 2 Others (Election Petition 1 of 2001) [2002] UGHC 131 (11 January 2002)

Court

High Court of Uganda

Case number

Election Petition 1 of 2001

Judges

Anne Magezi, j

The High Court held that the respondent lacked the required UNEB certificate for A-Level equivalence, nullified his election as MP, and declared the seat vacant.

• Parliamentary Elections
• Qualification Of Candidates
• Nomination Procedure
• Electoral Commission Duties
• Election-petitions
• Parliamentary-candidate-qualification