Uganda Case Law

Omari Assini v Electoral Commission and Another

Omari Assini v Electoral Commission and Another (Election Petition Appeal 1 of 2023) [2024] UGHCCD 159 (4 October 2024)

Court

HC: Civil Division (Uganda)

Case number

Election Petition Appeal 1 of 2023

Judge

Musa Ssekaana, J

The appellate court found that the 2nd respondent was not validly nominated due to deliberate falsehoods under oath regarding educational qualifications on Form EC7, which rendered his nomination invalid. The court also determined that the 2nd respondent committed an electoral offence by using a bursary scheme as a campaign tool to induce voters, contrary to the Local Governments Act. Procedural irregularities in the lower court, including the framing of issues not agreed upon and reference to abandoned affidavits, were noted but did not occasion a miscarriage of justice sufficient to nullify…

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• Nomination Validity
• Electoral Offences
• Bribery And Corrupt Practices
• Procedural Irregularity
• Fair Hearing
• Declaration Of Results

Ogwari v Ochwa

Ogwari v Ochwa (Election Petition Appeal 4 of 2022) [2024] UGCA 61 (19 March 2024)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 4 of 2022

Judge

Egonda-Ntende, JA, Luswata, JA, Kihika ,JA

The Court of Appeal held that the issue of the appellant's academic qualifications was not res judicata, as it had not been finally determined in the earlier application. The High Court retained jurisdiction to inquire into the validity of nomination, even if the complaint was not first raised before the Electoral Commission, as Section 15 of the Electoral Commission Act does not oust the High Court's powers under Article 139 of the Constitution. The evidence showed the appellant failed to submit a certificate of equivalence from the National Council for Higher Education at nomination, render…

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• Academic Qualification Disputes
• Nomination Validity
• Res Judicata
• Electoral Irregularities
• Costs Award
• Jurisdiction Of High Court

Ochwa David vs Ogwari Polycarp and Anor

Ochwa David vs Ogwari Polycarp and Anor (Election Petition No. 4 of 2021) [2022] UGHCEP 5 (12 December 2022)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2021

Judge

Kazibwe, J

The High Court nullified the Agule County parliamentary election after finding the winner’s nomination invalid for failure to submit a Certificate of Equivalence.

• Nomination Validity
• Candidate Qualification
• Certificate Of Equivalence
• Parliamentary Elections Act
• Electoral Irregularities
• Election-petitions

Muheirwe Mpamizo v Twinomujuni and Another

Muheirwe Mpamizo v Twinomujuni and Another (Election Petition No. 2 of 2021) [2021] UGHCEP 7 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 2 of 2021

Judge

Musa Ssekaana, J

Election petition dismissed after the court upheld the MP’s nomination and election in Buhaguzi County, finding no proof that the academic documents were not his.

• Nomination Validity
• Academic Qualification Disputes
• Burden Of Proof
• Name Discrepancy
• Electoral Compliance
• Election-petitions

Musuya Soobi v Mukhaye and 2 Others

Musuya Soobi v Mukhaye and 2 Others (Election Petition No. 15 of 2021) [2021] UGHCEP 20 (7 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 15 of 2021

Judge

Ojok, J

The court found that the 1st respondent was a registered voter under the name 'Mukhaye Miriam' and was validly nominated for the position of District Woman Member of Parliament for Mbale District. The evidence showed that any discrepancies in names were the result of clerical errors by the 3rd respondent, which were internally corrected in accordance with the law. The applicant failed to prove that the 1st respondent was not the owner of her academic documents or that she had ever legally changed her name. The court also found that the applicant did not adduce sufficient evidence to prove any…

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• Nomination Validity
• Voter Registration
• Change Of Name Procedure
• Election Offences
• Burden Of Proof
• Evidence Admissibility

Opio v Okabe and 2 Ors

Opio v Okabe and 2 Ors (Election Petition No. 3 of 2016) [2016] UGHCEP 29 (30 August 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 3 of 2016

The court found that the petitioner was validly nominated as a candidate for Member of Parliament for Serere County. However, the 1st respondent failed to prove a nexus between the names on his 'O' Level certificate and his identity as the nominated candidate, rendering his academic qualification insufficient for nomination and election. The National Council for Higher Education was not a necessary party, as statutory verification was not required for higher qualifications obtained in Uganda. Critically, the Electoral Commission failed in its duty by omitting the petitioner's name and particu…

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• Nomination Validity
• Academic Qualification Verification
• Electoral Process Compliance
• Candidate Disqualification
• Voter Disenfranchisement

Kasule Robert Sebunya v Wakayima Musoke Nsereko & Anor.

Kasule Robert Sebunya v Wakayima Musoke Nsereko & Anor. (Election Petition No. 4 of 2016) [2016] UGHCEP 75 (20 July 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2016

The High Court nullified the Nansana Municipality parliamentary election, finding the nominee was not properly registered as a voter and that irregularities affected the result.

• Nomination Validity
• Voter Registration
• Minimum Educational Qualification
• Electoral Irregularities
• Burden Of Proof
• Statutory Declaration

Madira v Etuka and Anor

Madira v Etuka and Anor (Election Petition No. 4 of 2016) [2016] UGHCEP 14 (17 June 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2016

Judge

Keitirima, J

The High Court held that a restraining order issued after nomination did not invalidate the 1st respondent’s nomination, and dismissed the election petition with costs.

• Nomination Validity
• Party Sponsorship Disputes
• Effect Of Court Orders On Elections
• Electoral Process Compliance
• Remedies In Election Petitions
• Election-petitions

Ninsiima v Azairwe and 2 Ors

Ninsiima v Azairwe and 2 Ors (Election Petition No. 5 of 2016) [2016] UGHCEP 37 (27 May 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 5 of 2016

The petitioner failed to discharge the burden of proof that the 1st respondent was not the person named in the academic certificates presented for nomination. The evidence, including statutory declarations, witness affidavits, and cross-examination, established that the 1st respondent is Azairwe Dorothy who obtained the Uganda Certificate of Education in 1991 and Uganda Advanced Certificate of Education in 1995. The court found no credible evidence to support the claim that the certificates belonged to another person or that the respondent was not qualified. Furthermore, there was no evidence…

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• Academic Qualification Disputes
• Nomination Validity
• Burden Of Proof
• Electoral Compliance
• Identity Verification