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Administrative Law [2024] UGHCCD 12

Kalibbala v Electral Commission (Misc Cause 93 of 2021)

Kalibbala v Electral Commission (Misc Cause 93 of 2021) [2024] UGHCCD 12 (15 January 2024)

Court
HC: Civil Division (Uganda)
Case number
Misc Cause 93 of 2021
Judge
Boniface Wamala, J

The court held that the Applicant failed to exhaust the statutory remedies available under Section 15 of the Electoral Commission Act and Article 61(f) of the Constitution, which require an aggrieved party to lodge a written complaint with the Electoral Commission and, if dissatisfied, to appeal to the High Court. The evidence did not show that the Applicant properly lodged such a complaint, as the letter relied upon was not acknowledged as received by the Respondent. Judicial review is a remedy of last resort and cannot be invoked where an effective alternative remedy exists and has not been…

Source excerpt

  • Judicial Review
  • Exhaustion Of Remedies
  • Electoral Process Irregularities
  • Nomination Disputes
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Election Petitions [2023] UGHCEP 2

Enyangu Etadu and 3 Others v Electoral Commissioner and Another

Enyangu Etadu and 3 Others v Electoral Commissioner and Another (Election Petition No. 10 of 2022) [2023] UGHCEP 2 (20 January 2023)

Court
Election Petitions of Uganda
Case number
Election Petition No. 10 of 2022
Judge
Musa Ssekaana, J

The High Court held that while the petitioners had a right to appeal the Electoral Commission's decision under section 15 of the Electoral Commission Act, the remedies they sought—namely, the removal of a sitting Member of Parliament and cancellation of gazetted election results—could only be pursued under the Parliamentary Elections Act, not through administrative or quasi-judicial powers of the Commission. The court found that the administrative jurisdiction of the Commission ends once a candidate is gazetted as a Member of Parliament, and any challenge to the validity of such election must…

Source excerpt

  • Jurisdiction Of High Court
  • Electoral Process Irregularities
  • Locus Standi
  • Res Judicata
  • Parliamentary Elections Act Interpretation
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.