Uganda Case Law

Ntensibe Kibla Amanoti v Independent Electoral Commission

Ntensibe Kibla Amanoti v Independent Electoral Commission (Election Petition Appeal No. 1 of 2021) [2021] UGHCEP 2 (1 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition Appeal No. 1 of 2021

Judge

Nambayo, J

The court held that the appeal was wrongly filed before the High Court because it was brought after the Electoral Commission had gazetted the elected councilor. Once gazetting occurs, the matter ceases to be a pre-polling or polling complaint under Article 61(1)(f) of the Constitution and Section 15 of the Electoral Commission Act. The appropriate procedure for challenging a gazetted result is to file an election petition in the Chief Magistrate's Court within 14 days of gazetting, as provided under Section 138 of the Local Government Act. The appeal was also found to be time-barred, having b…

Source excerpt

• Pre Polling Complaints
• Nomination Irregularities
• Gazetting Of Results
• Jurisdiction Of High Court
• Timeliness Of Appeals

Serwanga v Namujju and Anor

Serwanga v Namujju and Anor (Election Petition No. 5 of 2016) [2016] UGHCEP 18 (7 July 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 5 of 2016

The High Court set aside the election of Lwengo District Woman MP after finding the respondent was not duly qualified because of invalid name-change documents and inconsistent academic records.

• Academic Qualification For Nomination
• Nomination Irregularities
• Forgery And Fraud In Elections
• Change Of Name Procedure
• Electoral Offences
• Substantive Vs Procedural Justice

Kasirye v Bazigatirawo & Another

Kasirye v Bazigatirawo & Another (Election Petition Appeal No. 01 of 2018) [2019] UGCA 357 (21 October 2019)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 01 of 2018

Judge

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

The Court of Appeal held that the nomination forms submitted by the 1st respondent complied with the statutory requirements under Section 111(3)(g) of the Local Governments Act, as they contained more than the required number of signatures from registered voters. Any irregularities in the forms, such as the absence of the nominee's name on some attached lists, were deemed technical and did not affect the substance of the nomination. The Court found that the affidavit of Jude Musisi was based on hearsay and did not meet the evidentiary standard required for election petitions. The appellant fa…

Source excerpt

• Nomination Irregularities
• Registered Voter Definition
• Affidavit Evidence
• Waiver Of Rights
• Deviation From Form
• Burden Of Proof