Kawooya v Kabatsi and Anor
Kawooya v Kabatsi and Anor (Miscellaneous Application No. 66 of 2016) [2016] UGHCEP 8 (25 May 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…
Source excerpt
- Election Petition Filing Requirements
- Gazette Publication Trigger
- Premature Petition
- Parliamentary Elections Act Compliance