Uganda Case Law

Sekabira v Electoral Commission

Sekabira v Electoral Commission (Election Appeal 10 of 2021) [2021] UGHCCD 281 (10 May 2021)

Court

HC: Civil Division (Uganda)

Case number

Election Appeal 10 of 2021

Judge

Nambayo, J

The court held that it lacked jurisdiction to entertain the appeal because, under Section 138(2) of the Local Government Act, jurisdiction over disputes arising from the declaration of councilor results lies with the Chief Magistrates Court. The appellant failed to provide evidence that the Returning Officer had not declared the other candidate unopposed, as directed by the Electoral Commission. The burden of proof rested with the appellant to establish this fact, and in the absence of such evidence, the court could not assume non-compliance. The preliminary objection was upheld, and the appe…

Source excerpt

• Nomination Cancellation
• Jurisdiction Of Court
• Burden Of Proof
• Natural Justice
• Declaration Of Unopposed Candidate

Odoi Onen Mutasa v Independent National Electoral Commission and 3 Others

Odoi Onen Mutasa v Independent National Electoral Commission and 3 Others (Election Petition Appeal No. 9 of 2021) [2021] UGHCEP 1 (31 January 2021)

Court

Election Petitions of Uganda

Case number

Election Petition Appeal No. 9 of 2021

Judge

Emmanuel Baguma, J

The High Court held that official NIRA records and the petitioner’s passport proved he was born on 28 August 1991, so he remained eligible as a youth candidate.

• Youth Eligibility
• Nomination Cancellation
• Documentary Evidence
• Age Verification
• Electoral Commission Decisions
• Election-petitions

Muhonge Godfrey v The Independent Electoral Commission

Muhonge Godfrey v The Independent Electoral Commission (Election Petition No. 1 of 2016) [2016] UGHCEP 36 (20 April 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 1 of 2016

The court held that the supplementary affidavit by Dr. Badru Kiggundu was properly before the court as supplementary affidavits are routinely accepted in election petitions provided the initial affidavit in reply is filed within the prescribed time. The court further held that the petition was overtaken by events because it was brought under the Parliamentary Elections (Appeals to the High Court from Commission) Rules after polling day and announcement of results. The High Court, under these rules, could not set aside the election of a Member of Parliament, as that jurisdiction lies under Sec…

Source excerpt

• Nomination Cancellation
• Electoral Irregularities
• Forgery Of Nomination Support
• Jurisdiction Of High Court
• Timeliness Of Petition
• Procedural Fairness