Uganda Case Law

Odoi v NRM & Another

Odoi v NRM & Another (Constitutional Petition 37 of 2015) [2021] UGCC 43 (27 April 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 37 of 2015

Judge

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

The Constitutional Court held that the petition did not raise any question requiring constitutional interpretation under Article 137 of the Constitution. The applicant's grievances regarding the conduct of the NRM Electoral Commission and Regulation 20(21) of the NRM Primary Election Regulations were fact-sensitive and related to alleged violations of the right to a fair hearing. Such matters are properly addressed by a competent court under Article 50, not by the Constitutional Court through constitutional interpretation. The Court found that Regulation 20(21) was not per se unconstitutional…

Source excerpt

• Constitutional Interpretation
• Fair Hearing
• Non Derogable Rights
• Internal Party Elections
• Judicial Review
• Party Regulations

Fox Odio Oywelowo v National Resistance Movement and Another (Consitutional Petition No. 37 of 2015)

Fox Odio Oywelowo v National Resistance Movement and Another (Consitutional Petition No. 37 of 2015) [2021] UGCC 6 (27 April 2021)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition No. 37 of 2015

Judge

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

The Constitutional Court struck out a petition challenging NRM primary-election dispute rules, holding it raised no question requiring constitutional interpretation.

• Constitutional Interpretation
• Fair Hearing
• Non Derogable Rights
• Internal Party Elections
• Judicial Review
• Party Regulations

Sentaro and Others v Forum for Democratic Change and 2 Others

Sentaro and Others v Forum for Democratic Change and 2 Others (Election Petition 83 of 2015) [2016] UGHCEP 335 (13 January 2016)

Court

Election Petitions of Uganda

Case number

Election Petition 83 of 2015

Judge

Elubu, J

The High Court dismissed an election petition over FDC primaries, holding some petitioners lacked locus standi, others gave no evidence, and one failed to exhaust internal remedies.

• Locus Standi
• Internal Party Elections
• Party Constitution Compliance
• Mootness
• Exhaustion Of Internal Remedies
• Election-petitions

Mukasa Vs National Resistance Movement & Anor

Mukasa Vs National Resistance Movement & Anor (Miscellaneous Cause No. 069 of 2015) [2015] UGHCCD 162 (18 December 2015)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 069 of 2015

Judge

Namundi, J

The applicant, by opting to stand as an independent candidate, knowingly and deliberately ceased to be a member of the NRM and thereby lost the right to challenge the party's internal decisions. Judicial review is not the appropriate procedure for resolving disputes arising from internal party election processes, which are governed by party rules and electoral laws. The application was further rendered moot by the completion of the national nomination exercise, making the reliefs sought academic. Any defects in the supporting affidavit were curable and did not affect the admissibility of the…

Source excerpt

• Judicial Review
• Locus Standi
• Internal Party Elections
• Prerogative Orders