Uganda Case Law

Wall v Uganda Law Society & Another (Review Cause 49 of 2024)

Wall v Uganda Law Society & Another (Review Cause 49 of 2024) [2025] UGHCCD 28 (14 February 2025)

Court

HC: Civil Division (Uganda)

Case number

Review Cause 49 of 2024

Judge

Musa Ssekaana, J

The court found that the Uganda Law Society Elections Committee failed to comply with mandatory statutory requirements by setting the election date less than the required twenty-one days after nominations, rendering the process illegal. The applicant was excluded from the final nomination list without being accorded a fair hearing, in breach of the principles of fairness and natural justice enshrined in the Uganda Law Society (Elections) Regulations and the Constitution. The purported hearing was a mere formality and did not meet the standards of procedural fairness. The respondents, having d…

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• Judicial Review Procedure
• Fair Hearing
• Functus Officio
• Electoral Process
• Natural Justice

Slimane v Republic of Tunisia (Ruling) (Application No. 007/2024)

Slimane v Republic of Tunisia (Ruling) (Application No. 007/2024) [2024] ACHPR 5 (3 October 2024)

Court

African Commission on Human and Peoples Rights

Case number

Application No. 007/2024

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the request to order the Respondent State to publish the requirements for presidential candidacy was rendered moot by the publication of the relevant decision in the Official Gazette prior to the opening of the candidacy period. The remaining requests—abolition of sponsorship and criminal record requirements, validation of rejected candidacies, and suspension of ISIE Bureau members—were dismissed as they required examination of the merits of the main Application, which is not permissible at the provisional measures stage. The Court reiterated that provisional measures are…

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• Electoral Process
• Judicial Independence
• Implementation Of Court Judgments
• Non Discrimination
• Fair Trial
• Political Participation

Masembe Mustafa and Others v Bukenya Lydia and Others (HCT - 17 - CV- JRC - 003 - 2024)

Masembe Mustafa and Others v Bukenya Lydia and Others (HCT - 17 - CV- JRC - 003 - 2024) [2024] UGHC 1268 (26 September 2024)

Court

High Court of Uganda

Case number

HCT - 17 - CV- JRC - 003 - 2024

Judge

Wolayo, J

The court found that the application was amenable to judicial review because the decision to disqualify the applicants was made by a public official acting under the mandate of Wobulenzi Town Council, a public body. However, upon examining the evidence, the court determined that the applicants were given an opportunity to be heard in a meeting convened to address complaints regarding their eligibility. The minutes and attendance list of the meeting confirmed their presence and participation. The decision to disqualify the applicants was based on clear constitutional requirements of the WTDCA,…

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• Judicial Review
• Natural Justice
• Fair Hearing
• Public Body Decisions
• Electoral Process
• Locus Standi

Nagami Gloria v Attorney General and Anor

Nagami Gloria v Attorney General and Anor (Civil Miscellaneous Application No. 177 of 2020) [2021] UGHCCD 27 (30 April 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Miscellaneous Application No. 177 of 2020

Judge

Musa Ssekaana, J

The court held that while the right to vote is fundamental and protected by the Constitution, it is subject to the procedures and limitations established by electoral laws. The Electoral Commission is mandated to set a cut-off date for voter registration to ensure the orderly conduct of elections and to provide a clean, reliable voters register. The court found that the applicant did not follow the proper procedure for raising objections regarding the voters register, as such complaints must first be addressed to the Electoral Commission and its tribunal. The court further reasoned that the i…

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• Right To Vote
• Voter Registration
• Electoral Process
• Fundamental Rights
• Jurisdiction Of High Court

XYZ v Repubic of Benin (Application No. 003/2021)

XYZ v Repubic of Benin (Application No. 003/2021) [2021] AfCHPR 47 (8 April 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2021

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The Court found that the Applicant failed to demonstrate the urgency required for provisional measures, as there was a significant lapse of time between the issuance of the decree setting the election date and the filing of the application, with no explanation for the delay. The absence of a real and imminent risk of irreparable harm was established, as the Applicant did not show that harm would occur before the Court could render its final judgment. Furthermore, several requests made by the Applicant had already been addressed in previous judgments of the Court, rendering them moot. Requests…

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• Electoral Process
• Judicial Independence
• Provisional Measures
• Human Rights Violations
• Constitutional Amendment

Okori v Attorney General and Ors

Okori v Attorney General and Ors (Constitutional Petition No. 6 of 2020) [2021] UGCC 39 (1 March 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 6 of 2020

Judge

Bamugemereire, JCC, Kakuru, JCC, Madrama, JCC, Mulyagonja, JCC, Buteera, DCJ

The Constitutional Court struck out a petition challenging closed party primaries, holding it raised no constitutional interpretation issue and fell outside its jurisdiction.

• Right To Vote
• Political Party Primaries
• Access To Information
• Freedom Of Expression
• Electoral Process
• Jurisdiction Of Court

Kyagulanyi v Museveni & 2 Others

Kyagulanyi v Museveni & 2 Others (Miscellaneous Application 4 of 2021) [2021] UGSC 68 (19 February 2021)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 4 of 2021

Judge

Owiny-Dollo, CJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court of Uganda dismissed a miscellaneous application arising from the presidential election petition, by majority of eight to one, with costs in the cause.

• Presidential Election Petition
• Electoral Process
• Application For Orders
• Presidential-election-petition
• Electoral-process
• Constitutional-law

Muhumuza v Attorney General & 2 Others

Muhumuza v Attorney General & 2 Others (MISCELLANEOUS APPLICATION NO. 449 OF 2020) [2020] UGHCCD 185 (28 August 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 449 OF 2020

Judge

Musa Ssekaana, J

The High Court refused an interim injunction against Electoral Commission electoral activities in 89 constituencies, finding no prima facie case and that public interest favored allowing the process to continue.

• Interim Injunctions
• Electoral Process
• Creation Of Constituencies
• Balance Of Convenience
• Public Interest
• Jurisdictional Limits

Ajavon v Republic of Benin (Application No. 062/2019)

Ajavon v Republic of Benin (Application No. 062/2019) [2020] AfCHPR 49 (17 April 2020)

Court

African Court on Human and Peoples Rights

Case number

Application No. 062/2019

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Orè P, Tchikaya J

The African Court ordered Benin to suspend municipal and council elections pending judgment on the merits, but refused to suspend the challenged laws.

• Electoral Process
• Right To Participate In Public Affairs
• Provisional Measures
• Judicial Independence
• Freedom Of Assembly
• Due Process

Lukwago & 13 Others v Electoral Commission & 2 Others

Lukwago & 13 Others v Electoral Commission & 2 Others (MISCELLANEOUS CAUSE NO. 431 OF 2019) [2020] UGHCCD 4 (21 February 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 431 OF 2019

Judge

Musa Ssekaana, J

The High Court dismissed a judicial review challenge to electoral timelines and appointments, holding the matter was time-barred, jurisdictionally improper, and failed on the merits.

• Judicial Review
• Electoral Process
• Exhaustion Of Remedies
• Statutory Interpretation
• Public Office Eligibility
• Judicial-review