Ayena v Wacha & Another
Ayena v Wacha & Another (Election Petition 2 of 1996) [1996] UGHC 44 (10 October 1996)
The petitioner failed to discharge the burden of proof required in election petitions, which is proof beyond reasonable doubt. The affidavits submitted in support of the petition were found to be unreliable due to inconsistencies, falsehoods, lack of evidence showing the respondents' knowledge, consent, or approval of alleged malpractices, and reliance on hearsay. No credible evidence was presented to establish that any malpractices or illegal practices occurred, nor that they affected the results of the election in a substantial manner. The margin of victory was substantial, and no adjustmen…
Source excerpt
- Parliamentary Election Petitions
- Electoral Malpractices
- Burden Of Proof
- Affidavit Evidence
- Standard Of Proof
- Remedies In Election Petitions