Uganda Case Law

Electoral Commission v Serebe Kagoro

Electoral Commission v Serebe Kagoro (Election Petition Appeal No. 5 of 2020) [2021] UGCA 17 (15 February 2021)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 5 of 2020

Judge

Musota, JA, Kibeedi Mutangula, JA, Bamugemereire, JA

The Court of Appeal allowed the Electoral Commission’s second appeal, holding the election petition incompetent for lack of statutory compliance and reinstating the trial court’s dismissal.

• Locus Standi In Election Petitions
• Procedural Requirements For Election Petitions
• Statutory Right Of Appeal
• Gazettement Of Election Results
• Judicial Review Of Electoral Decisions
• Election-petitions

Simon Peter Kinyera v Electoral Commission and Another

Simon Peter Kinyera v Electoral Commission and Another (Election Petition Appeal No. 3 of 2018) [2020] UGHCEP 1 (6 January 2020)

Court

Election Petitions of Uganda

Case number

Election Petition Appeal No. 3 of 2018

Judge

Owiny-Dollo, DCJ, Kakuru, JA, Madrama, JA

The Court of Appeal held that the appellant failed to prove, by production of a voter's card or an extract from the National Voters Register, that he and the supporting signatories were registered voters of the relevant constituency as required by section 60(2)(b) of the Parliamentary Elections Act. The mere possession of a national ID was insufficient. Only 69 out of the requisite 500 signatories had voter cards, and no extract from the register was produced. The burden of proof lay on the appellant, not the respondents. The court found no admission by the respondents regarding registration…

Source excerpt

• Locus Standi In Election Petitions
• Burden Of Proof In Election Disputes
• Proof Of Registered Voter Status
• Effect Of Court Orders On Elections