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Election Petitions [2022] UGCA 141

Komakech and Another v Odonga

Komakech and Another v Odonga (Election Appeal No. 2 & 6 of 2021) [2022] UGCA 141 (28 April 2022)

Court
Court of Appeal of Uganda
Case number
Election Appeal No. 2 & 6 of 2021
Judge
Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court of Appeal held that the respondent was estopped from challenging the appellant's nomination after the election because he failed to utilize the statutory process for raising pre-election complaints with the Electoral Commission as mandated by Articles 61(1)(f) and 64(1) of the Constitution and Section 15 of the Parliamentary Elections Act. The court found that the respondent had the opportunity to inspect nomination documents and raise any objections before or during nomination but failed to do so, thereby waiving his right to challenge the appellant's eligibility post-election. The…

Source excerpt

  • Nomination Disputes
  • Public Officer Resignation
  • Electoral Commission Jurisdiction
  • Estoppel In Election Petitions
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Election Petitions [2020] UGHCCD 219

Akongot v Electoral Commission & Another

Akongot v Electoral Commission & Another (ELECTION PETITION NO. 14 OF 2020) [2020] UGHCCD 219 (1 December 2020)

Court
HC: Civil Division (Uganda)
Case number
ELECTION PETITION NO. 14 OF 2020
Judge
Musa Ssekaana, J

The court held that the Electoral Commission retains constitutional jurisdiction to hear election complaints, even if not first resolved by the Returning Officer. However, once a candidate has been declared and gazetted as elected, the only available remedy is to challenge the validity of the election through a petition under the relevant sections of the Parliamentary Elections Act. The petition before the court was incompetent and the remedies sought were not tenable because the declaration and gazetting of a winner had already occurred, and the person declared winner was not a party to the…

Source excerpt

  • Electoral Commission Jurisdiction
  • Nomination Disputes
  • Gazetting Of Candidates
  • Remedies In Election Petitions
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Election Petitions [2020] UGHCCD 220

Asio v Electoral Commission & Another

Asio v Electoral Commission & Another (ELECTION PETITION NO. 11 OF 2020) [2020] UGHCCD 220 (1 December 2020)

Court
HC: Civil Division (Uganda)
Case number
ELECTION PETITION NO. 11 OF 2020
Judge
Musa Ssekaana, J

The court held that the Electoral Commission has constitutional jurisdiction to entertain election complaints, and that the requirement to first lodge complaints with the Returning Officer does not oust this jurisdiction. However, the court found that the petition was rendered moot and the remedies sought untenable because, by the time of determination, the Electoral Commission had already declared and gazetted a winner (Hon. Among Anita Annet) who was not a party to the proceedings. The court emphasized that once a candidate is gazetted, any challenge to their election must be brought by way…

Source excerpt

  • Electoral Commission Jurisdiction
  • Nomination Disputes
  • Gazetting Of Candidates
  • Locus Standi
  • Remedies In Election Petitions
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.