Uganda Case Law

Attorney General & Another & Basalirwa & 5 Others v Kwizera

Attorney General & Another & Basalirwa & 5 Others v Kwizera (Constitutional Appeal 2 of 2020; Constitutional Appeal 3 of 2020) [2022] UGSC 3 (6 January 2022)

Court

Supreme Court of Uganda

Case number

Constitutional Appeal 2 of 2020 ; Constitutional Appeal 3 of 2020

Judge

Kisaakye, JSC, Arach-Amoko, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court held that the creation of new constituencies by Parliament does not automatically create vacancies in Parliament requiring elections. The process for validly creating constituencies requires both prescription by Parliament and subsequent demarcation by the Electoral Commission, which was not completed in this case. No evidence was presented that the Clerk to Parliament notified the Electoral Commission of any vacancies, nor that lawful vacancies existed under Article 83. Therefore, the elections held in the impugned constituencies were premature, null and void. The right to…

Source excerpt

• Parliamentary Constituencies Creation
• Electoral Processes
• Right To Fair Hearing
• Costs Award
• Jurisdiction Of Supreme Court