Uganda Case Law

Igeme Nathan v Mwiru Paul

Igeme Nathan v Mwiru Paul (Election Petition Application No. 46 of 2022) [2022] UGCA 130 (9 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Application No. 46 of 2022

Judge

Madrama, JA, Obura, JA, Musoke, JA

The court held that rule 31 of the Parliamentary Elections (Election Petitions) Rules is explicit that the record of appeal must be filed within 30 days after the filing of the memorandum of appeal. The respondent filed the memorandum of appeal on 29th October 2021 but filed the record of appeal on 6th December 2021, which was outside the prescribed period. The respondent's reliance on the Judicature (Court of Appeal Rules) Directions and the argument that time should run from the date of receipt of proceedings was rejected, as rule 83 does not apply to election petition appeals and the Parli…

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• Appeal Timelines
• Record Of Appeal Filing
• Extension Of Time
• Parliamentary Elections Act Compliance

Apama Amato v Obiga Kania and Anor

Apama Amato v Obiga Kania and Anor (Election Petition No. 2 of 2021) [2021] UGHC 52 (1 September 2021)

Court

High Court of Uganda

Case number

Election Petition No. 2 of 2021

Judge

Boniface Wamala, J

The court held that an affidavit supporting an election petition commissioned by an advocate who did not possess a valid practicing certificate at the time is invalid. The commission as Commissioner for Oaths terminates when the advocate ceases to practice lawfully, which includes the requirement of a valid practicing certificate. The defect is substantive and not curable by re-commissioning or by invoking Article 126(2)(e) of the Constitution, as it is not a mere technicality but an illegality. The option to rectify the defect under Section 14A of the Advocates (Amendment) Act is only availa…

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• Commissioner For Oaths Affidavit Validity
• Practicing Certificate Requirement
• Parliamentary Elections Act Compliance
• Costs In Election Petitions

Matabi v Ssekitoleko and Anor

Matabi v Ssekitoleko and Anor (Election Petition No. 3 of 2021) [2021] UGHC 55 (31 August 2021)

Court

High Court of Uganda

Case number

Election Petition No. 3 of 2021

Judge

Wolayo, J

The High Court struck out an election petition from Bamunanika Constituency for non-compliance with section 60(2)(b) of the Parliamentary Elections Act.

• Locus Standi
• Parliamentary Elections Act Compliance
• Petition Incompetence
• Procedural Requirements For Election Petitions
• Election-petitions
• Parliamentary-elections-act

Achieng & Anor Vs Ayo

Achieng & Anor Vs Ayo (Election Petition Appeal No. 59 of 2016) [2017] UGCA 121 (14 December 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 59 of 2016

Judge

Owiny-Dollo, DCJ, Kavuma, JA, Buteera, JA

The Court of Appeal found that the respondent failed to discharge the burden of proof regarding the alleged late delivery and mishandling of Osukuru Sub-county election materials. The evidence established that the ballot boxes arrived at the Tally Centre before midnight on 18th February 2016, and the original Declaration of Results Forms were used and transmitted as required. Minor errors and omissions in the DR Forms, including unsigned forms, did not amount to substantial non-compliance, as agents signed and did not contest the results. The alleged exclusion and alteration of votes were eit…

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• Parliamentary Elections Act Compliance
• Burden And Standard Of Proof
• Declaration Of Results Forms
• Substantial Effect Test
• Electoral Irregularities
• Remedies And Costs

Ibaale v Katuntu & Anor

Ibaale v Katuntu & Anor (Election Appeal No. 41 of 2016) [2017] UGCA 40 (20 October 2017)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 41 of 2016

The Court of Appeal dismissed an election appeal arising from Bugweri County, upholding the High Court’s rejection of complaints about fair hearing, defamation, recount, and affidavit evidence.

• Parliamentary Elections Act Compliance
• Defamation In Election Petitions
• Affidavit Evidence In Election Litigation
• Vote Recount Procedure
• Illiterates Protection Act Affidavit Requirements
• Election-petitions

Kawooya v Kabatsi and Anor

Kawooya v Kabatsi and Anor (Miscellaneous Application No. 66 of 2016) [2016] UGHCEP 8 (25 May 2016)

Court

Election Petitions of Uganda

Case number

Miscellaneous Application No. 66 of 2016

The court held that the statutory requirement under Section 60(3) of the Parliamentary Elections Act is clear and mandatory: an election petition can only be filed within 30 days after the results are published in the Uganda Gazette. In this case, the petition was filed on 21st March 2016, but the gazette publishing the results was issued on 23rd March 2016. Therefore, the petition was filed prematurely and is a nullity. The court found that publication in the gazette is the legal trigger for filing a petition, and any petition filed before this date is incompetent. The application to dismiss…

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• Election Petition Filing Requirements
• Gazette Publication Trigger
• Premature Petition
• Parliamentary Elections Act Compliance

Balwanga v Electoral Commission & 2 Ors

Balwanga v Electoral Commission & 2 Ors (Election Petition No. 0047 of 2011) [2012] UGHC 223 (1 November 2012)

Court

High Court of Uganda

Case number

Election Petition No. 0047 of 2011

Judge

Zehurikize, J

The court found that the election was not conducted in full compliance with the Parliamentary Elections Act, specifically regarding the mandatory recount provision. The margin of thirty votes between the petitioner and the declared winner triggered a mandatory recount under section 54, which was requested in writing before transmission of results to the Electoral Commission. The 2nd respondent's decision to halt the recount due to missing seals, despite no evidence of tampering, was unjustified and amounted to non-compliance. This failure, combined with unresolved issues regarding invalidated…

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• Parliamentary Elections Act Compliance
• Mandatory Recount Procedure
• Disenfranchisement Of Voters
• Invalidated Votes
• Ballot Box Security

Mathina Bwambale v Electoral Commission and Another (HCT-01-CV-EP-0007/2006) (HCT-01-CV-EP-0007/2006)

Mathina Bwambale v Electoral Commission and Another (HCT-01-CV-EP-0007/2006) (HCT-01-CV-EP-0007/2006) [2006] UGHC 39 (15 September 2006)

Court

High Court of Uganda

Case number

HCT-01-CV-EP-0007/2006

The court found that the petitioner failed to prove, on a balance of probabilities, any substantial non-compliance with the Parliamentary Elections Act that affected the results of the election. Allegations of voting after hours, improper assistance of voters, intimidation, and presence of armed persons were either rebutted by credible evidence or permitted by law. The only proven irregularity was the disruption of the petitioner's campaign rally, which violated principles of freedom and fairness, but was not shown to have substantially affected the election outcome. The court further held th…

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• Parliamentary Elections Act Compliance
• Electoral Malpractice
• Campaign Disruption
• Service Of Process
• Bribery In Elections