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Uganda decisions
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Suuna Mulema and Another v Sekabira (Election Petition Appeal 13 of 2021) [2024] UGHCCD 56 (19 April 2024)
The High Court dismissed an election petition appeal, upheld the nullification of the earlier result, and ordered a fresh election after finding the respondent was wrongly disqualified.
Ariko v Omara and Another (Election Petition No. 7 of 2021) [2023] UGHCEP 5 (9 March 2023)
The court found that the first respondent, Omara Yuventine, was unlawfully nominated and elected as district chairperson for Abim because he had not properly resigned from the Uganda Peoples Defence Forces (UPDF) in accordance with the procedure prescribed by law. The evidence showed that the first respondent continued to receive salary after his alleged resignation, and there was no written approval of resignation from the Commission Board as required by Section 66 of the UPDF Act and relevant regulations. The court rejected the argument that mere submission of a resignation letter sufficed,…
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Wanghede Aliyi v Mulepo and 2 Others (Election Petition No. 21 of 2021) [2021] UGHC 51 (7 September 2021)
The court found that the affidavit in support of the petition by the petitioner contravened the Illiterates Protection Act and was therefore struck out. Without a valid affidavit from the petitioner, the petition failed to meet the mandatory requirements set out in Rule 4(8) of the Parliamentary Election Petitions Rules and Section 138 of the Local Government Act. Affidavits from other persons, such as Hyuha Ahmed, could not substitute for the petitioner's own affidavit, especially where there was no evidence that such persons were eligible to support the petition. The absence of a valid supp…
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Wanyama v Hisa and Anor (2) (Election Petition No. 19 of 2016) [2016] UGHCEP 78 (19 October 2016)
The court found that only UGX 100,000 was paid as filing fees in accordance with the prescribed government procedure, while the additional UGX 150,000 paid directly to the court cashier was not recognized as a valid payment of court fees. The Parliamentary Elections (Interim Provisions) Rules, as incorporated by Section 172 of the Local Government Act, require a mandatory filing fee of UGX 150,000 for election petitions. Failure to pay the full prescribed fee ousts the jurisdiction of the court to entertain the petition. The payment made directly to the court cashier was not in compliance wit…
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Dhabasadha v Balaba and Anor (Election Petition No. 1 of 2016) [2016] UGHCEP 5 (1 March 2016)
The High Court upheld the validation of a mayoral nomination in Iganga, holding that the applicable law required resignation at least 30 days before nomination and the petition was dismissed.
Kakooza Anor v Mutebi & Anor (Criminal Session No. 83 of 2013) [2013] UGHCCD 175 (6 December 2013)
The High Court dismissed an application for temporary injunction challenging an LC1 leadership arrangement, holding that the proper procedure was an election petition and that relief would alter the status quo.
Chris Tushabe V The Electoral Commission (Miscellaneous Cause No. 0089 of 2008) [2010] UGHC 193 (10 February 2010)
The High Court refused judicial review orders over Kasenda local council elections, holding the Electoral Commission had not acted improperly and Youth elections lacked an enabling law.
Kyaboogo Kakiiza Fred v Tinkamanyire George and Others (HCT-01-CV-EP-0002/2006) (HCT-01-CV-EP-0002/2006) [2006] UGHC 14 (4 May 2006)
Election petition challenging a district chairperson’s academic qualifications was dismissed as time-barred and, in any event, unsupported by reliable proof.
Byaruhanga Katumba v Kiwalabye Musoke (Civil Appeal 2 of 1998) [1998] UGCA 55 (20 November 1998)
The Court of Appeal held that Section 143(2) of the Local Government Act 1997, which prescribes a ninety-day period for determination of election petitions, is directory and not mandatory. The section is intended to ensure expeditious resolution of election disputes, not to oust the jurisdiction of the court if the period is exceeded. The use of 'shall' in the provision does not, by itself, make it mandatory, and there is no express or clear language in the Act indicating that the court's jurisdiction is lost after the prescribed period. The court retains inherent power to extend the time lim…
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Kayanja v Rulinda and Another (Election Petition No. 14 of 2021) [2023] UGHCCD 7 (20 April 2023)
The court found that the Petitioner failed to adduce credible and cogent evidence to prove that the results declared by the Electoral Commission were falsified or inflated in favour of the 1st Respondent. The certified Declaration of Results forms, endorsed by agents and presiding officers, were deemed authentic, and the Petitioner's uncertified forms were not proven to be reliable or genuine. The Petitioner did not raise timely objections or seek a recount at the Tally Centre, and his claims regarding denial of access and non-use of the Electronic Display System were unsupported by evidence…
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