Uganda Case Law

Othieno Okoth Richard vs Ochai Maximus and Another

Othieno Okoth Richard vs Ochai Maximus and Another (Election Petition No. 14 of 2021) [2022] UGHCEP 6 (1 December 2022)

Court

Election Petitions of Uganda

Case number

Election Petition No. 14 of 2021

Judge

Kazibwe, J

Election petition over the West Budama County North parliamentary result was dismissed. The court found no proved substantial non-compliance, bribery, intimidation, or ballot stuffing.

• Parliamentary Elections
• Electoral Malpractice
• Burden And Standard Of Proof
• Use Of Electronic Verification
• Bribery And Intimidation
• Ballot Stuffing

Mpeirwe Kashaija v Kangwagye Rwakanuma and 2 Others

Mpeirwe Kashaija v Kangwagye Rwakanuma and 2 Others (Election Petition Appeal No. 51 of 2021) [2022] UGCA 165 (8 June 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 51 of 2021

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court of Appeal upheld the dismissal of an election petition appeal, finding the nomination challenge waived, electronic evidence inadmissible, and malpractice unproved.

• Nomination Requirements
• Electoral Malpractice
• Admissibility Of Evidence
• Burden Of Proof
• Bribery And Donations
• Defamation In Elections

Owori v Okongo

Owori v Okongo (Election Petition Appeal 25 of 2021) [2022] UGCA 320 (19 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 25 of 2021

Judge

Musoke, JA, Kibeedi Mutangula, JA, Monica K. Mugenyi, JA

The Court of Appeal set aside an LCIII election after finding that a consent-admitted handwriting report and witness evidence proved serious polling station irregularities.

• Electoral Malpractice
• Forgery Of Signatures
• Admissibility Of Evidence
• Polling Station Irregularities
• Substantial Effect On Election
• Remedies In Election Petitions

Ninsiima Kasirabo & Anor v Mpuga David

Ninsiima Kasirabo & Anor v Mpuga David (Election Appeal No. 55 of 2016) [2017] UGCA 31 (10 October 2017)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 55 of 2016

The Court of Appeal of Uganda set aside nullification of an MP election, holding that alleged intimidation, ballot stuffing, and falsified DR forms were not proved sufficiently.

• Parliamentary Elections
• Electoral Malpractice
• Burden Of Proof
• Ballot Stuffing
• Voter Intimidation
• Election-petitions

Makatu v Weswa and Another

Makatu v Weswa and Another (Election Petition Appeal No. 73 of 2016) [2017] UGHCEP 6 (17 August 2017)

Court

Election Petitions of Uganda

Case number

Election Petition Appeal No. 73 of 2016

Judge

Egonda-Ntende, JA, Obura, JA, Kasule, JA

The Court of Appeal dismissed an election petition appeal, holding that there was no credible proof of malpractice at Nakhamosi Polling Station and that the results should be counted.

• Local Council Elections
• Standard Of Proof
• Electoral Malpractice
• Appellate Procedure
• Vote Tallying
• Role Of Electoral Commission

Nakato Vs Babirye

Nakato Vs Babirye (Election Petition Appeal No. 0089 of 2016) [2017] UGCA 53 (7 August 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 0089 of 2016

The Court of Appeal dismissed an election petition appeal, holding that bribery and illegal donation allegations were not proved and the election outcome was not substantially affected.

• Parliamentary Elections
• Electoral Malpractice
• Burden Of Proof
• Bribery And Donations
• Standard Of Proof
• Agency In Election Offences

Mutembuli v Nagwomu and Another

Mutembuli v Nagwomu and Another (Election Petition Appeal No. 43 of 2016) [2017] UGHCEP 132 (27 July 2017)

Court

Election Petitions of Uganda

Case number

Election Petition Appeal No. 43 of 2016

Judge

Kakuru, JA, Egonda-Ntende, JA, Musoke, JA

The Court of Appeal dismissed an election petition appeal, upholding rejection of rejoinder affidavits, the burden of proof findings, and the costs order.

• Affidavit Evidence
• Burden Of Proof
• Academic Qualification Disputes
• Name Discrepancy
• Electoral Malpractice
• Costs Award

Turyamureeba v Basajabalaba and Anor

Turyamureeba v Basajabalaba and Anor (Election Petition No. 8 of 2016) [2016] UGHCEP 80 (26 August 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 8 of 2016

The High Court dismissed an election petition over the Bushenyi District LCV chairperson election, finding tally errors but no substantial effect on the result and no proved bribery.

• Electoral Malpractice
• Bribery
• Non Compliance With Electoral Laws
• Burden Of Proof
• Substantial Effect On Results
• Election-petitions

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

Spenser George William v Abas Agaba Mugisa and Anor

Spenser George William v Abas Agaba Mugisa and Anor (Election Petition No. 6 of 2016) [2016] UGHCEP 38 (4 June 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 6 of 2016

The court found that the petition was fatally defective due to lack of specific pleadings and credible affidavit evidence supporting the alleged malpractices and election offences. The applicant failed to prove, to the required standard, that the 1st respondent or his agents committed bribery, intimidation, or other electoral offences with the respondent's knowledge, consent, or approval. The evidence presented was largely generalized, hearsay, or unsupported by particulars such as names, dates, or documentary proof. The court further held that the applicant did not establish that any noncomp…

Source excerpt

• Parliamentary Elections
• Electoral Malpractice
• Burden Of Proof
• Bribery Of Voters
• Intimidation
• Noncompliance With Electoral Laws