Uganda Case Law

Ekwenare v Electoral Commission & Another

Ekwenare v Electoral Commission & Another (ELECTION PETITION NO. 9 OF 2020) [2020] UGHCCD 221 (1 December 2020)

Court

HC: Civil Division (Uganda)

Case number

ELECTION PETITION NO. 9 OF 2020

Judge

Musa Ssekaana, J

The court found that the petition was competently before it, as the petitioner had locus under the Constitution and Electoral Commission Act. The Electoral Commission has jurisdiction to hear complaints both at original and appellate levels, as provided by the Constitution and relevant statutes. The law prohibits a candidate from standing for more than one elective position in the same election cycle, and the petitioner failed to lawfully withdraw her earlier nomination before seeking nomination for a second position. The Commission's decision to denominate the petitioner was lawful. The reme…

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• Nomination Withdrawal
• Jurisdiction Of Electoral Commission
• Competency Of Petition
• Remedies In Election Petitions
• Natural Justice
• Statutory Interpretation

Tumwebaze V Electoral Commission

Tumwebaze V Electoral Commission (MISCELLANEOUS APPLICATION NO. 14 OF 2019) [2019] UGHCCD 218 (4 November 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 14 OF 2019

Judge

Musa Ssekaana, J

The High Court found the Electoral Commission was not in contempt because the order to deliver a decision had no deadline and the decision was later served.

• Contempt Of Court
• Electoral Disputes
• Judicial Review
• Jurisdiction Of Electoral Commission
• Contempt-of-court
• Electoral-disputes

Bandikubi and 3 Others v Sserwangwa and Another

Bandikubi and 3 Others v Sserwangwa and Another (Election Petition Appeal No. 110 of 2016) [2018] UGHCEP 2 (26 February 2018)

Court

Election Petitions of Uganda

Case number

Election Petition Appeal No. 110 of 2016

Judge

Egonda-Ntende, JA, Obura, JA, Kasule, JA

The Court of Appeal held that Section 172 of the Local Governments Act does not authorize courts to apply the Parliamentary Elections Act or its rules to petitions arising under the Local Governments Act. The section only empowers the Electoral Commission in the conduct of elections, not the courts in handling petitions. Since the Local Governments Act is silent on the fees for filing such petitions, the Judicature (Court Fees) Rules apply. The payment of Shs.100,000.00 was sufficient under these rules, and the trial judge erred in striking out the petition for non-payment of fees prescribed…

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• Court Fees In Election Petitions
• Application Of Local Governments Act
• Statutory Interpretation
• Jurisdiction Of Electoral Commission

Okabe v Opio & Anor

Okabe v Opio & Anor (Election Petition No. 87 of 2016) [2017] UGCA 12 (8 May 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition No. 87 of 2016

Judge

Kavuma, JA, Cheborion-Barishaki, JA, Buteera, JA

The Court found that the 1st respondent was not validly nominated as a candidate for Serere County Parliamentary elections. The Electoral Commission did not sit as a Commission with the required quorum, did not record minutes, and did not expressly invoke Section 50 of the Electoral Commission Act to enlarge time for nomination. The nomination was effected outside the statutory seven-day period, and there was no evidence of justification for extension. Consequently, the 1st respondent was not a candidate and lacked locus to petition under Section 60 of the Parliamentary Elections Act. The Hig…

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• Nomination Procedure
• Jurisdiction Of Electoral Commission
• Quasi Judicial Decision Making
• Application Of Statutory Timelines
• Powers Of Electoral Commission

Kawombe v Kafeero and Anor

Kawombe v Kafeero and Anor (Election Petition No. 5 of 2016) [2016] UGHCEP 59 (30 May 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 5 of 2016

The court held that the petition was misconceived and incompetent because it was not brought in accordance with section 15 of the Electoral Commissions Act, which only allows appeals against decisions of the Commission made before or during polling. Since the declaration of results and gazetting of the 1st respondent as Member of Parliament had already occurred, any challenge to the election should have been brought under sections 60 and 61 of the Parliamentary Elections Act, not section 15. The petitioner failed to demonstrate that the petition arose from a decision of the Commission regardi…

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• Academic Qualification For Mp
• Jurisdiction Of Electoral Commission
• Procedural Requirements For Petition
• Interpretation Of Electoral Laws