Uganda Case Law

Independent Electoral Commission of Kenya v Karua and Others (Application No.45 of 2022)

Independent Electoral Commission of Kenya v Karua and Others (Application No.45 of 2022) [2024] EACJ 12 (28 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.45 of 2022

Judge

Gacuko J, Kasanda J, Masara PJ, Muhumuza J, Wejuli J

The East African Court of Justice granted the IEBC leave to intervene in a reference challenging Kenya’s 2022 presidential election process.

• Electoral Processes
• Intervention Rights
• Judicial Economy
• Constitutional Mandate
• Electoral-processes
• Intervention-rights

Attorney General & Another & Basalirwa & 5 Others v Kwizera

Attorney General & Another & Basalirwa & 5 Others v Kwizera (Constitutional Appeal 2 of 2020; Constitutional Appeal 3 of 2020) [2022] UGSC 3 (6 January 2022)

Court

Supreme Court of Uganda

Case number

Constitutional Appeal 2 of 2020 ; Constitutional Appeal 3 of 2020

Judge

Kisaakye, JSC, Arach-Amoko, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court held that the creation of new constituencies by Parliament does not automatically create vacancies in Parliament requiring elections. The process for validly creating constituencies requires both prescription by Parliament and subsequent demarcation by the Electoral Commission, which was not completed in this case. No evidence was presented that the Clerk to Parliament notified the Electoral Commission of any vacancies, nor that lawful vacancies existed under Article 83. Therefore, the elections held in the impugned constituencies were premature, null and void. The right to…

Source excerpt

• Parliamentary Constituencies Creation
• Electoral Processes
• Right To Fair Hearing
• Costs Award
• Jurisdiction Of Supreme Court