Uganda Case Law

Hon Tumuramye v Tayebwa and Another

Hon Tumuramye v Tayebwa and Another (Election Petition Appeal No. 8 of 2021) [2022] UGCA 170 (20 June 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 8 of 2021

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court of Appeal held that the appellant lacked locus standi to bring the election petition because his nomination form did not meet the statutory requirement of ten supporting signatures, rendering his nomination invalid. The trial judge was justified in dismissing the petition at the preliminary stage, as the defect was fundamental and went to the root of the appellant's right to petition. The court reaffirmed that nomination requirements are mandatory and failure to comply cannot be cured post-election. Pre-election nomination disputes must be resolved before polling, and parties are es…

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• Nomination Requirements
• Locus Standi
• Preliminary Objection
• Burden Of Proof
• Standard Of Proof
• Estoppel

Mpeirwe Kashaija v Kangwagye Rwakanuma and 2 Others

Mpeirwe Kashaija v Kangwagye Rwakanuma and 2 Others (Election Petition Appeal No. 51 of 2021) [2022] UGCA 165 (8 June 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 51 of 2021

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court of Appeal upheld the dismissal of an election petition appeal, finding the nomination challenge waived, electronic evidence inadmissible, and malpractice unproved.

• Nomination Requirements
• Electoral Malpractice
• Admissibility Of Evidence
• Burden Of Proof
• Bribery And Donations
• Defamation In Elections

Kahombo Kakusya v Dr. Asiimwe Akiiki and Another

Kahombo Kakusya v Dr. Asiimwe Akiiki and Another (Election Petition No. 8 of 2021) [2021] UGHCEP 29 (29 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 8 of 2021

Judge

Musa Ssekaana, J

The High Court held that a Bunyoro Kingdom minister was not a traditional or cultural leader and did not need to resign before contesting as Woman MP for Masindi.

• Qualification For Parliament
• Traditional And Cultural Leaders
• Nomination Requirements
• Interpretation Of Constitution
• Remedies In Election Petitions
• Election-petitions

Kahombo Kakusya v Dr. Asiimwe and Another

Kahombo Kakusya v Dr. Asiimwe and Another (Election Petition No. 8 of 2021) [2021] UGHCEP 5 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 8 of 2021

Judge

Musa Ssekaana, J

The High Court held that a minister in Bunyoro Kitara Kingdom was not a traditional or cultural leader, so she was not disqualified from election as Woman MP for Masindi.

• Qualification For Parliament
• Traditional Leaders Disqualification
• Interpretation Of Constitution
• Nomination Requirements
• Remedies In Election Petitions
• Election-petitions

Byarugaba Mustafa and 2 Others v Ampaire and 2 Others (Local Government Election Petition No. 11 of 2011)

Byarugaba Mustafa and 2 Others v Ampaire and 2 Others (Local Government Election Petition No. 11 of 2011) [2021] UGHCEP 9 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Local Government Election Petition No. 11 of 2011

Judge

Musa Ssekaana, J

The High Court struck out an election petition for premature filing before gazette publication and for joining two distinct electoral areas in one petition.

• Nomination Requirements
• Electoral Area Misjoinder
• Burden Of Proof In Election Petitions
• Qualification For Local Council Chairperson
• Premature Filing
• Standard Of Proof

Hon Tumuramye v Tayebwa and Anor

Hon Tumuramye v Tayebwa and Anor (Election Petition No. 3 of 2021) [2021] UGHC 56 (31 August 2021)

Court

High Court of Uganda

Case number

Election Petition No. 3 of 2021

Judge

Kazaarwe, J

The court found that the petitioner failed to comply with the mandatory requirement under section 11(1)(c) of the Parliamentary Elections Act, as his nomination paper submitted to the Electoral Commission contained only nine signatures instead of the required ten. This failure rendered the nomination void under section 13 of the Act, and consequently, the petitioner was not a validly nominated candidate for Kashongi County Constituency. As a result, the petitioner lacked locus standi to challenge the election results. The court relied on binding precedent from the Court of Appeal, which held…

Source excerpt

• Nomination Requirements
• Locus Standi
• Preliminary Objection
• Affidavit Validity

Ariko v Omara and Another

Ariko v Omara and Another (Election Petition No. 7 of 2021) [2021] UGHCEP 42 (26 August 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 7 of 2021

Judge

Okuo-Kajuga, J

The petition was brought under the wrong law, namely Section 4(4)(a) of the Parliamentary Elections Act, which does not apply to local council elections. The applicable law for resignation of public officers seeking local council office is Section 116(5) of the Local Governments Act, which prescribes a thirty-day period, not ninety days. Section 172 of the Local Governments Act does not empower petitioners to invoke the Parliamentary Elections Act except where there is a lacuna, and only the Electoral Commission may do so. The defect in the pleadings is substantive and not curable by amendmen…

Source excerpt

• Nomination Requirements
• Public Officer Resignation
• Local Council Elections
• Statutory Interpretation

Akello-Akuru v Electoral Commission & Another

Akello-Akuru v Electoral Commission & Another (ELECTION PETITION NO. 12 OF 2020) [2020] UGHCCD 217 (1 December 2020)

Court

HC: Civil Division (Uganda)

Case number

ELECTION PETITION NO. 12 OF 2020

Judge

Musa Ssekaana, J

The High Court dismissed an election petition challenging refusal to nominate the petitioner for Bukedea Woman MP, finding she had not met nomination requirements in time.

• Nomination Requirements
• Electoral Commission Powers
• Candidate Disqualification
• Election-petitions
• Candidate-nomination
• Electoral-commission

Mulinde Deusdeit v Electoral Commission

Mulinde Deusdeit v Electoral Commission (Election Petition 3 of 2018) [2018] UGHCCD 221 (11 July 2018)

Court

HC: Civil Division (Uganda)

Case number

Election Petition 3 of 2018

Judge

Musa Ssekaana, J

The High Court dismissed an election petition challenging the Electoral Commission’s refusal to nominate the petitioner for failure to meet nomination requirements in time.

• Nomination Requirements
• Electoral Commission Decisions
• Candidate Qualification
• Procedural Fairness
• Election-petitions
• Electoral-commission

Agaba v Electoral Commission

Agaba v Electoral Commission (Election Petition 1 of 2018) [2018] UGHC 39 (11 July 2018)

Court

High Court of Uganda

Case number

Election Petition 1 of 2018

Judge

Musa Ssekaana, J

The court held that the law does not require a prospective parliamentary candidate to present original academic certificates for nomination. The requirement is to establish proof of qualification, which can be done through various means, including verified copies. The Electoral Commission's insistence on originals was not supported by statute, and its decision to uphold the Returning Officer's refusal to nominate the petitioner was erroneous. The court found that the petitioner had presented sufficient evidence of his academic qualifications and ordered the respondent to nominate him.

Source excerpt

• Nomination Requirements
• Academic Qualification Verification
• Electoral Commission Discretion