Uganda Case Law

Galandi v Attorney General

Galandi v Attorney General (Constitutional Petition 4 of 2021) [2025] UGCC 2 (18 February 2025)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 4 of 2021

Judge

Mulyagonja, JCC, Kihika, JA /JCC, Tibulya, JA/JCC, Kazibwe, JCC, Asa Mugenyi, JA/ JCC

The Constitutional Court found that the omission by the Court of Appeal to hear and determine Election Petition Appeal No.53 of 2016 within the 2016-2021 election cycle was inconsistent with and contravened Articles 126(2) and 140(2) of the Constitution. The Court held that the constitutional requirement for expeditious hearing of election petitions was not met, resulting in a denial of the right to a fair and speedy hearing. The delay meant that the people of Kibuuku County were represented in Parliament by a person whose qualifications had been declared inadequate, undermining the will of t…

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• Expeditious Hearing Of Election Petitions
• Right To Fair Hearing
• Judicial Delay
• Parliamentary Elections
• Locus Standi
• Constitutional Interpretation

Baguma v Kunihira & Another

Baguma v Kunihira & Another (Election Petition Appeal 3 of 2023) [2024] UGCA 100 (3 May 2024)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 3 of 2023

Judge

Muzamiru, JA, Mulyagonja, JA, Gashirabake, JA

The Court of Appeal held that the High Court lacked jurisdiction to determine the issue of the 1st respondent's academic qualifications as a court of first instance in an election petition, where the appellant had already raised the issue before the Electoral Commission and failed to appeal the Commission's decision to the High Court as required by law. The court reaffirmed that nomination disputes are to be resolved by the Electoral Commission, with a right of appeal to the High Court, and cannot be re-litigated in an election petition after the election. The court found that the trial judge…

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• Parliamentary Elections
• Nomination Disputes
• Academic Qualifications
• Jurisdiction Of High Court

Eddie Kwizera v Electoral Commission and Another

Eddie Kwizera v Electoral Commission and Another (Constitutional Application No. 04 of 2020) [2023] UGCA 402 (6 October 2023)

Court

Court of Appeal of Uganda

Case number

Constitutional Application No. 04 of 2020

Judge

Buteera, DCJ, Bamugemereire, JA, Kibeedi Mutangula, JA, Mulyagonja, JA, Kihika ,JA

The court found that the application for contempt against the second respondent was barred by law, as Section 49 of the Electoral Commission Act grants immunity from civil proceedings for acts done in good faith, and the applicant failed to plead or demonstrate bad faith. The application was also found to be an abuse of court process and frivolous, as it was filed prematurely before the expiry of the time frames set by the Constitutional Court for the respondents to comply with its orders. The court held that no contempt had occurred at the time of filing, and subsequent events, including the…

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• Contempt Of Court
• Parliamentary Elections
• Immunity Of Public Officials
• Premature Application

Othieno Okoth Richard vs Ochai Maximus and Another

Othieno Okoth Richard vs Ochai Maximus and Another (Election Petition No. 14 of 2021) [2022] UGHCEP 6 (1 December 2022)

Court

Election Petitions of Uganda

Case number

Election Petition No. 14 of 2021

Judge

Kazibwe, J

Election petition over the West Budama County North parliamentary result was dismissed. The court found no proved substantial non-compliance, bribery, intimidation, or ballot stuffing.

• Parliamentary Elections
• Electoral Malpractice
• Burden And Standard Of Proof
• Use Of Electronic Verification
• Bribery And Intimidation
• Ballot Stuffing

Nablo v Wamala Nambozo and Another

Nablo v Wamala Nambozo and Another (Election Petition Appeal No. 028 of 2021) [2022] UGCA 350 (5 August 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 028 of 2021

Judge

Buteera, DCJ, Obura, JA, Bamugemereire, JA

The Court of Appeal dismissed an election petition appeal challenging a Woman MP result for Sironko District, finding no proven lack of qualifications or bribery.

• Parliamentary Elections
• Academic Qualification Disputes
• Bribery Allegations
• Evidence Evaluation
• Electronic Evidence
• Costs Award

Enyangu and Others v Electoral Commission and Another

Enyangu and Others v Electoral Commission and Another (Miscellaneous Application 101 of 2022) [2022] UGHCEP 48 (27 July 2022)

Court

Election Petitions of Uganda

Case number

Miscellaneous Application 101 of 2022

Judge

Adonyo, J

The application for a certificate of urgency fails because the applicants have not demonstrated exceptional circumstances or imminent danger to their rights that would justify urgent intervention during court vacation. The High Court's jurisdiction under section 15 of the Electoral Commission Act does not extend to concluded elections or sitting Members of Parliament, as the administrative powers of the Electoral Commission end once a candidate is gazetted and sworn in. The by-election in Soroti East Division is being conducted pursuant to final orders of the Court of Appeal, which are bindin…

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• Certificate Of Urgency
• Jurisdiction Of High Court
• Electoral Commission Powers
• Parliamentary Elections
• Injunctive Relief
• Locus Standi

Nyanzi Sentamu v The Electoral Commission and 2 Others

Nyanzi Sentamu v The Electoral Commission and 2 Others (Miscellaneous Application No. 10 of 2021 & Election Petition Appeal No. 20 of 2021) [2022] UGCA 175 (24 June 2022)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application No. 10 of 2021 & Election Petition Appeal No. 20 of 2021

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court of Appeal found that, although personal service is the preferred and statutorily required mode for serving election petitions, the circumstances of this case—including repeated failed attempts at personal service, electronic transmission via WhatsApp, and conspicuous placement at the respondent's residence—demonstrated that the third respondent was made aware of the proceedings. The court held that effective service, as interpreted in Geoffrey Gatete v William Kyobe, is achieved when the intended recipient is aware of the suit, regardless of strict compliance with personal service r…

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• Service Of Process
• Effective Service
• Substituted Service
• Waiver Of Service
• Locus Standi
• Parliamentary Elections

Mbaju Jackson v Thembo Gideon Mujungu and Electoral Commission

Mbaju Jackson v Thembo Gideon Mujungu and Electoral Commission (Election Petition Appeal 46 of 2021) [2022] UGCA 309 (22 June 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 46 of 2021

Judge

Egonda-Ntende, JA, Madrama Izama, JA, Kavuma, JA

The Court of Appeal found that proven irregularities at Katunguru Primary School, Katunguru Market, Busunga Primary School, and Quran Primary School polling stations—including fraudulent voter turnout, votes cast by deceased or absent persons, and ballot stuffing—substantially affected the outcome of the parliamentary election for Busongora County South. The margin between the winning candidate and the runner-up was only 79 votes, and the number of impugned votes exceeded this margin, casting reasonable doubt on the legitimacy of the result. The court clarified that attribution of irregularit…

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• Parliamentary Elections
• Electoral Irregularities
• Affidavit Evidence
• Substantial Effect Test
• Commissioner For Oaths
• Polling Station Malpractice

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…

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

Nalubega v Kinyamatama and Another

Nalubega v Kinyamatama and Another (Election Petition Appeal No. 27 of 2021) [2022] UGCA 156 (26 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 27 of 2021

Judge

Monica K. Mugenyi, JA, Kibeedi Mutangula, JA, Musoke, JA

The Court of Appeal held that nomination complaints about a candidate’s eligibility must be raised before the Electoral Commission, not after the election.

• Nomination Disputes
• Voter Registration
• Parliamentary Elections
• Electoral Dispute Resolution
• Election-petitions
• Nomination-disputes