Uganda Case Law

Tumwesigye v Arinaitwe and Another (Consolidated Election Appeal No. 31 of 2021)

Tumwesigye v Arinaitwe and Another (Consolidated Election Appeal No. 31 of 2021) [2022] UGCA 159 (13 June 2022)

Court

Court of Appeal of Uganda

Case number

Consolidated Election Appeal No. 31 of 2021

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court of Appeal held that the appeal was filed within the prescribed timelines, as the Memorandum of Appeal was lodged and endorsed by the Registrar before the deadline, in accordance with Rule 30(b) of the Parliamentary Elections (Interim Provisions) Rules and Rule 4(a) of the Judicature (Court of Appeal) Rules. On the merits, the court found that uncertified Declaration of Results Forms are inadmissible as evidence, following the Supreme Court's decision in John Baptist Kakooza v. Electoral Commission & Yiga Anthony, unless exceptional circumstances are shown, which were not present in…

Source excerpt

• Parliamentary Elections
• Burden Of Proof
• Admissibility Of Evidence
• Costs Awards
• Non Compliance With Electoral Laws
• Substantial Effect Test

Kalyago v Wassajja and Another

Kalyago v Wassajja and Another (Election Petition Appeal No. 11 of 2021) [2022] UGHCCD 74 (22 April 2022)

Court

HC: Civil Division (Uganda)

Case number

Election Petition Appeal No. 11 of 2021

Judge

Musa Ssekaana, J

The High Court dismissed an election petition appeal, upholding the inclusion of disputed polling-station results and the trial court’s award of costs.

• Election Results Omission
• Vote Tallying
• Non Compliance With Electoral Laws
• Burden Of Proof In Election Petitions
• Election-petitions
• Vote-tallying

Kalyango v Wasajja and Another

Kalyango v Wasajja and Another (Election Petition Appeal No. 11 of 2019) [2022] UGHCCD 63 (22 April 2022)

Court

HC: Civil Division (Uganda)

Case number

Election Petition Appeal No. 11 of 2019

Judge

Musa Ssekaana, J

The High Court dismissed an election petition appeal, holding that post-voting disruption did not justify excluding results and that the omitted polling station results should have been tallied.

• Omission Of Polling Station Results
• Non Compliance With Electoral Laws
• Burden Of Proof In Election Petitions
• Declaration Of Results
• Discretion In Award Of Costs
• Election-petitions

Chelangat v The Electral Commission & Another

Chelangat v The Electral Commission & Another (Election Petition 6 of 2021) [2021] UGHC 70 (26 October 2021)

Court

High Court of Uganda

Case number

Election Petition 6 of 2021

Judge

Cornelia Kakooza Sabiiti, J

The High Court dismissed an election petition challenging the Bukwo district woman MP election, finding no proven non-compliance, bribery, or substantial effect on the result.

• Parliamentary Elections
• Electoral Offences
• Bribery
• Non Compliance With Electoral Laws
• Burden Of Proof
• Declaration Of Results

Turyamureeba v Basajabalaba and Anor

Turyamureeba v Basajabalaba and Anor (Election Petition No. 8 of 2016) [2016] UGHCEP 80 (26 August 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 8 of 2016

The High Court dismissed an election petition over the Bushenyi District LCV chairperson election, finding tally errors but no substantial effect on the result and no proved bribery.

• Electoral Malpractice
• Bribery
• Non Compliance With Electoral Laws
• Burden Of Proof
• Substantial Effect On Results
• Election-petitions

Kidega v Aciro and Anor

Kidega v Aciro and Anor (Election Petition No. 3 of 2016) [2016] UGHCEP 43 (14 June 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 3 of 2016

The High Court at Gulu set aside the election of the MP for Aruu North after finding the failed recount and destroyed ballot boxes substantially affected the result.

• Vote Recount
• Electoral Offences
• Burden Of Proof
• Non Compliance With Electoral Laws
• Substantial Effect On Election Results
• Remedies In Election Petitions

Kyotasobora v Kabakumba Masiko and Another

Kyotasobora v Kabakumba Masiko and Another (Election Petition Appeal No. 54 of 2011) [2012] UGCA 63 (23 November 2012)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 54 of 2011

Judge

Kasule, JA, Nshimye, JA, Arach-Amoko JA

The Court of Appeal found that the appellant failed to prove, on a balance of probabilities, that the first respondent committed bribery or other electoral offences, or that there was substantial non-compliance with electoral laws affecting the election result. The evidence presented by the appellant's witnesses was found unreliable, lacking in specificity, or hearsay, and did not establish that the first respondent or her agents engaged in bribery or intimidation. The trial judge was correct in rejecting evidence regarding vehicle registration and alleged intimidation by army soldiers, as it…

Source excerpt

• Bribery In Elections
• Non Compliance With Electoral Laws
• Burden And Standard Of Proof
• Use Of Government Resources
• Intimidation Of Electorate

Kawooya Vs Kabatsi

Kawooya Vs Kabatsi (Election Petition Appeals Nos. 3 And 4 of 2007.) [2007] UGCA 24 (5 October 2007)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeals Nos. 3 And 4 of 2007.

The Court of Appeal reinstated the appellant’s election, holding that the alleged election irregularities were not proved to have substantially affected the result.

• Parliamentary Elections
• Electoral Officer Appointments
• Non Compliance With Electoral Laws
• Burden Of Proof In Election Petitions
• Effect Of Irregularities On Election Results
• Election-petitions