Enyangu Etadu and 3 Others v Electoral Commissioner and Another
Enyangu Etadu and 3 Others v Electoral Commissioner and Another (Election Petition No. 10 of 2022) [2023] UGHCEP 2 (20 January 2023)
The High Court held that while the petitioners had a right to appeal the Electoral Commission's decision under section 15 of the Electoral Commission Act, the remedies they sought—namely, the removal of a sitting Member of Parliament and cancellation of gazetted election results—could only be pursued under the Parliamentary Elections Act, not through administrative or quasi-judicial powers of the Commission. The court found that the administrative jurisdiction of the Commission ends once a candidate is gazetted as a Member of Parliament, and any challenge to the validity of such election must…
Source excerpt
- Jurisdiction Of High Court
- Electoral Process Irregularities
- Locus Standi
- Res Judicata
- Parliamentary Elections Act Interpretation