Uganda Case Law

Omari Assini v Electoral Commission and Another

Omari Assini v Electoral Commission and Another (Election Petition Appeal 1 of 2023) [2024] UGHCCD 159 (4 October 2024)

Court

HC: Civil Division (Uganda)

Case number

Election Petition Appeal 1 of 2023

Judge

Musa Ssekaana, J

The appellate court found that the 2nd respondent was not validly nominated due to deliberate falsehoods under oath regarding educational qualifications on Form EC7, which rendered his nomination invalid. The court also determined that the 2nd respondent committed an electoral offence by using a bursary scheme as a campaign tool to induce voters, contrary to the Local Governments Act. Procedural irregularities in the lower court, including the framing of issues not agreed upon and reference to abandoned affidavits, were noted but did not occasion a miscarriage of justice sufficient to nullify…

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• Nomination Validity
• Electoral Offences
• Bribery And Corrupt Practices
• Procedural Irregularity
• Fair Hearing
• Declaration Of Results

Kyewalabye Majegere v Kubeketerya and Another

Kyewalabye Majegere v Kubeketerya and Another (Election Petition Appeal No. 78 of 2021) [2022] UGCA 207 (1 August 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 78 of 2021

Judge

Monica K. Mugenyi, JA, Muzamiru, JA, Musoke, JA

The Court of Appeal dismissed an election petition appeal, upholding the MP’s election for Bunya East. It found no proven falsification, substantial non-compliance, or outcome-changing violence.

• Admissibility Of Evidence
• Falsification Of Election Results
• Electoral Offences
• Violence And Intimidation
• Partisan Recruitment Of Electoral Officials
• Burden Of Proof

Sematiko v Nsegumire and Another

Sematiko v Nsegumire and Another (Election Petition Appeal 67 of 2021) [2022] UGCA 322 (23 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 67 of 2021

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court of Appeal found that the appellant failed to discharge the burden of proof required to establish the offences of bribery and defamation under the Parliamentary Elections Act. The evidence presented was insufficient, lacking in corroboration, and failed to prove essential elements such as agency, identity of recipients as voters, and the intention to induce votes. On defamation, the appellant did not plead or prove the alleged defamatory statements verbatim, nor did the evidence demonstrate that the statements attacked the appellant's personal character or affected his standing among…

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• Parliamentary Elections
• Electoral Offences
• Bribery Of Voters
• Defamation In Elections
• Burden Of Proof
• Standard Of Proof

Chelangat v The Electral Commission & Another

Chelangat v The Electral Commission & Another (Election Petition 6 of 2021) [2021] UGHC 70 (26 October 2021)

Court

High Court of Uganda

Case number

Election Petition 6 of 2021

Judge

Cornelia Kakooza Sabiiti, J

The High Court dismissed an election petition challenging the Bukwo district woman MP election, finding no proven non-compliance, bribery, or substantial effect on the result.

• Parliamentary Elections
• Electoral Offences
• Bribery
• Non Compliance With Electoral Laws
• Burden Of Proof
• Declaration Of Results

Wamara v Electoral Commission and Another

Wamara v Electoral Commission and Another (Election Petition No. 30 of 2021) [2021] UGHCEP 25 (12 October 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 30 of 2021

Judge

Busingye, J

The High Court dismissed a local government election petition over Bumasheti Sub-County, finding no proven electoral non-compliance or substantial effect on the result.

• Electoral Offences
• Burden Of Proof
• Substantial Effect Test
• Agency Relationship
• Ballot Stuffing
• Voter Intimidation

Watenga v Mudoi and Another

Watenga v Mudoi and Another (Election Petition No. 16 of 2021) [2021] UGHCEP 14 (30 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 16 of 2021

Judge

Bashaija, J

The court found that the Petitioner failed to provide sufficient and credible evidence to support his allegations that the 1st Respondent lacked the requisite academic qualifications or used documents belonging to another person. The evidence adduced did not cast doubt on the authenticity of the academic documents, and the use of names interchangeably was not sufficient to invalidate the nomination or election. Allegations of ballot stuffing, multiple voting, and failure to use biometric data machines were unsupported by direct evidence, with key witnesses either not providing affidavits or p…

Source excerpt

• Parliamentary Elections
• Nomination Qualifications
• Electoral Offences
• Burden Of Proof
• Bribery
• Election Procedure

Lubega v Tumwesigye and Another

Lubega v Tumwesigye and Another (Election Petition No. 4 of 2021) [2021] UGHCEP 26 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2021

Judge

Ajiji, J

The High Court dismissed an election petition challenging the Bugangaizi South parliamentary result, finding the allegations unparticularized or unproved.

• Parliamentary Elections
• Electoral Offences
• Burden Of Proof
• Academic Qualification Disputes
• Pleading Particulars
• Remedies In Election Petitions

Kasule v Ruyonga and Another

Kasule v Ruyonga and Another (Election Petition No. 5 of 2021) [2021] UGHCEP 27 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 5 of 2021

Judge

Ajiji, J

The High Court dismissed an election petition challenging the Hoima West Division parliamentary election, finding the petitioner failed to prove non-compliance or bribery.

• Parliamentary Elections
• Electoral Offences
• Bribery Allegations
• Burden Of Proof
• Declaration Of Results Forms
• Election-petitions

Magombe v Electoral Commission and Another

Magombe v Electoral Commission and Another (Election Petition No. 19 of 2021) [2021] UGHCEP 19 (7 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 19 of 2021

Judge

Ojok, J

The High Court dismissed an election petition over the Mbale City Chairperson election, finding the petitioner failed to prove bribery or other electoral offences.

• Election Petition Procedure
• Electoral Offences
• Burden And Standard Of Proof
• Affidavit Evidence
• Costs Award
• Election-petitions

Hon Kevina Taaka Wanaha Wandera v Macho Geofrey & 2 Ors

Hon Kevina Taaka Wanaha Wandera v Macho Geofrey & 2 Ors (Election Petition Appeal No. 35 of 2016) [2020] UGCA 57 (20 March 2020)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 35 of 2016

Judge

Kakuru, JA

The Court of Appeal dismissed an election petition appeal, upholding findings that the respondent was qualified, properly resigned, and proved no electoral offences.

• Parliamentary Elections
• Academic Qualification Disputes
• Public Officer Resignation
• Electoral Offences
• Nomination Procedure
• Election-petitions