Uganda Case Law

Ogwari v Ochwa

Ogwari v Ochwa (Election Petition Appeal 4 of 2022) [2024] UGCA 61 (19 March 2024)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 4 of 2022

Judge

Egonda-Ntende, JA, Luswata, JA, Kihika ,JA

The Court of Appeal held that the issue of the appellant's academic qualifications was not res judicata, as it had not been finally determined in the earlier application. The High Court retained jurisdiction to inquire into the validity of nomination, even if the complaint was not first raised before the Electoral Commission, as Section 15 of the Electoral Commission Act does not oust the High Court's powers under Article 139 of the Constitution. The evidence showed the appellant failed to submit a certificate of equivalence from the National Council for Higher Education at nomination, render…

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• Academic Qualification Disputes
• Nomination Validity
• Res Judicata
• Electoral Irregularities
• Costs Award
• Jurisdiction Of High Court

Ochwa David vs Ogwari Polycarp and Anor

Ochwa David vs Ogwari Polycarp and Anor (Election Petition No. 4 of 2021) [2022] UGHCEP 5 (12 December 2022)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2021

Judge

Kazibwe, J

The High Court nullified the Agule County parliamentary election after finding the winner’s nomination invalid for failure to submit a Certificate of Equivalence.

• Nomination Validity
• Candidate Qualification
• Certificate Of Equivalence
• Parliamentary Elections Act
• Electoral Irregularities
• Election-petitions

Mbaju Jackson v Thembo Gideon Mujungu and Electoral Commission

Mbaju Jackson v Thembo Gideon Mujungu and Electoral Commission (Election Petition Appeal 46 of 2021) [2022] UGCA 309 (22 June 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 46 of 2021

Judge

Egonda-Ntende, JA, Madrama Izama, JA, Kavuma, JA

The Court of Appeal found that proven irregularities at Katunguru Primary School, Katunguru Market, Busunga Primary School, and Quran Primary School polling stations—including fraudulent voter turnout, votes cast by deceased or absent persons, and ballot stuffing—substantially affected the outcome of the parliamentary election for Busongora County South. The margin between the winning candidate and the runner-up was only 79 votes, and the number of impugned votes exceeded this margin, casting reasonable doubt on the legitimacy of the result. The court clarified that attribution of irregularit…

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• Parliamentary Elections
• Electoral Irregularities
• Affidavit Evidence
• Substantial Effect Test
• Commissioner For Oaths
• Polling Station Malpractice

Nakalyango Vs Nakasolya

Nakalyango Vs Nakasolya (Election Appeal No. 03 of 2017) [2019] UGCA 13 (25 March 2019)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 03 of 2017

The Court of Appeal held that while the High Court Judge was correct in upholding the nullification of the election due to substantial irregularities affecting the integrity of the results, she erred in ordering the appellant to pay 50% of the costs in the lower Court without providing reasons. The appellate court found that the irregularities were attributable to the Electoral Commission, not the appellant, and that no electoral offence was committed by her. The discretion to award costs must be exercised judiciously and with reasons, and in the absence of any wrongdoing by the appellant, it…

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• Costs Award Discretion
• Substantiality Test
• Electoral Irregularities
• Burden Of Proof Election Petitions

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

Wakayima-Musoke & Anor v Kasule Sebunya

Wakayima-Musoke & Anor v Kasule Sebunya (Election Appeal No. 60 &102 of 2016) [2017] UGCA 132 (15 September 2017)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 60 &102 of 2016

Judge

Kavuma, DCJ, Barishaki-Cheborion, JA, Obura, JA

The Court of Appeal found that the 1st appellant, Wakayima Musoke Nsereko, was nominated in error for the parliamentary seat of Nansana Municipality because he was not a registered voter as required by law; his name did not appear in the National Voters' Register in the form used for nomination, and he failed to follow the statutory process for rectifying discrepancies in his names. Furthermore, the Court held that the 1st appellant did not prove possession of the minimum academic qualifications, as there were unresolved inconsistencies between his nomination papers and academic documents, an…

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• Parliamentary Elections
• Nomination Requirements
• Voter Registration
• Academic Qualification Disputes
• Electoral Irregularities
• Costs And Certificates

Kasule Robert Sebunya v Wakayima Musoke Nsereko & Anor.

Kasule Robert Sebunya v Wakayima Musoke Nsereko & Anor. (Election Petition No. 4 of 2016) [2016] UGHCEP 75 (20 July 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2016

The High Court nullified the Nansana Municipality parliamentary election, finding the nominee was not properly registered as a voter and that irregularities affected the result.

• Nomination Validity
• Voter Registration
• Minimum Educational Qualification
• Electoral Irregularities
• Burden Of Proof
• Statutory Declaration

Muhonge Godfrey v The Independent Electoral Commission

Muhonge Godfrey v The Independent Electoral Commission (Election Petition No. 1 of 2016) [2016] UGHCEP 36 (20 April 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 1 of 2016

The court held that the supplementary affidavit by Dr. Badru Kiggundu was properly before the court as supplementary affidavits are routinely accepted in election petitions provided the initial affidavit in reply is filed within the prescribed time. The court further held that the petition was overtaken by events because it was brought under the Parliamentary Elections (Appeals to the High Court from Commission) Rules after polling day and announcement of results. The High Court, under these rules, could not set aside the election of a Member of Parliament, as that jurisdiction lies under Sec…

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• Nomination Cancellation
• Electoral Irregularities
• Forgery Of Nomination Support
• Jurisdiction Of High Court
• Timeliness Of Petition
• Procedural Fairness

Hon. Odongo Otto v Electoral Commission (Misc Cause 102 of 2015)

Hon. Odongo Otto v Electoral Commission (Misc Cause 102 of 2015) [2015] UGHCCD 444 (24 July 2015)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause 102 of 2015

Judge

Nyanzi, J

The High Court treated the application as an electoral appeal and ordered the Electoral Commission to enter the applicant’s particulars in the Voters’ Register.

• Voter Registration
• Electoral Irregularities
• Discrimination
• Constitutional Rights
• Voter-registration
• Electoral-irregularities

Otiam v Oboth and Anor

Otiam v Oboth and Anor (Election Petition No. 7 of 2011) [2011] UGHCEP 300 (23 September 2011)

Court

Election Petitions of Uganda

Case number

Election Petition No. 7 of 2011

The court found that there was substantial non compliance with electoral laws in the conduct of the parliamentary elections for West Budama County South constituency. Specifically, the disenfranchisement of 2,913 voters at six polling stations, failure to control the use of ballot papers resulting in multiple voting and ballot stuffing, and the inclusion of votes cast by deceased persons constituted serious irregularities. The court held that the right to vote encompasses both the act of voting and the assurance that each vote is counted equally. The exclusion of results from the six polling…

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• Parliamentary Elections
• Electoral Irregularities
• Voter Disenfranchisement
• Bribery And Illegal Practices
• Use Of Government Resources
• Voter Intimidation