Uganda Case Law

Komakech and Another v Odonga

Komakech and Another v Odonga (Election Appeal No. 2 & 6 of 2021) [2022] UGCA 141 (28 April 2022)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 2 & 6 of 2021

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court of Appeal held that the respondent was estopped from challenging the appellant's nomination after the election because he failed to utilize the statutory process for raising pre-election complaints with the Electoral Commission as mandated by Articles 61(1)(f) and 64(1) of the Constitution and Section 15 of the Parliamentary Elections Act. The court found that the respondent had the opportunity to inspect nomination documents and raise any objections before or during nomination but failed to do so, thereby waiving his right to challenge the appellant's eligibility post-election. The…

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• Nomination Disputes
• Public Officer Resignation
• Electoral Commission Jurisdiction
• Estoppel In Election Petitions

Bintu Lukumu v Electoral Commission and Another

Bintu Lukumu v Electoral Commission and Another (Election Petition No. 1 of 2021) [2021] UGHCEP 8 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 1 of 2021

Judge

Musa Ssekaana, J

Election petition over Buruli County MP seat dismissed after the court found the returned candidate had resigned from public service before nomination.

• Qualification For Nomination
• Public Officer Resignation
• Burden Of Proof In Election Petitions
• Timeliness Of Election Challenges
• Election-petitions
• Parliamentary-elections

Ariko v Omara and Another

Ariko v Omara and Another (Election Petition No. 7 of 2021) [2021] UGHCEP 42 (26 August 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 7 of 2021

Judge

Okuo-Kajuga, J

The petition was brought under the wrong law, namely Section 4(4)(a) of the Parliamentary Elections Act, which does not apply to local council elections. The applicable law for resignation of public officers seeking local council office is Section 116(5) of the Local Governments Act, which prescribes a thirty-day period, not ninety days. Section 172 of the Local Governments Act does not empower petitioners to invoke the Parliamentary Elections Act except where there is a lacuna, and only the Electoral Commission may do so. The defect in the pleadings is substantive and not curable by amendmen…

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• Nomination Requirements
• Public Officer Resignation
• Local Council Elections
• Statutory Interpretation

Hon Kevina Taaka Wanaha Wandera v Macho Geofrey & 2 Ors

Hon Kevina Taaka Wanaha Wandera v Macho Geofrey & 2 Ors (Election Petition Appeal No. 35 of 2016) [2020] UGCA 57 (20 March 2020)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 35 of 2016

Judge

Kakuru, JA

The Court of Appeal dismissed an election petition appeal, upholding findings that the respondent was qualified, properly resigned, and proved no electoral offences.

• Parliamentary Elections
• Academic Qualification Disputes
• Public Officer Resignation
• Electoral Offences
• Nomination Procedure
• Election-petitions

Kalemba & Anor Vs Lubega

Kalemba & Anor Vs Lubega (Election Petition Appeal No. 76 of 2016) [2018] UGCA 6 (19 January 2018)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 76 of 2016

Judge

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

The Court of Appeal allowed the election petition appeal, held the first appellant had resigned in time, rejected the bribery allegation, and restored his election.

• Parliamentary Elections
• Academic Qualifications
• Public Officer Resignation
• Voter Bribery
• Jurisdiction Of Election Petition Court
• Election-petition-appeal

Emorut v Akurut and Anor (HCT-09-CV-EP 2 of 2016)

Emorut v Akurut and Anor (HCT-09-CV-EP 2 of 2016) [2016] UGHCEP 34 (15 July 2016)

Court

Election Petitions of Uganda

Case number

HCT-09-CV-EP 2 of 2016

The court found that the 1st Respondent, as a member of the Uganda Human Rights Commission, was a public officer within the meaning of Article 80(4) of the Constitution and Section 4(4) and (19) of the Parliamentary Elections Act. The court harmonized the constitutional provisions, holding that the 2005 amendment to Article 80(4) was intended to level the playing field by requiring all public officers, including commission members, to resign before seeking parliamentary office. The 1st Respondent's failure to resign rendered her nomination and subsequent election a nullity. The court also fou…

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• Qualification For Parliament
• Public Officer Resignation
• Nomination Requirements
• Service Of Process
• Petition Signature Threshold

Dhabasadha v Balaba and Anor

Dhabasadha v Balaba and Anor (Election Petition No. 1 of 2016) [2016] UGHCEP 5 (1 March 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 1 of 2016

The High Court upheld the validation of a mayoral nomination in Iganga, holding that the applicable law required resignation at least 30 days before nomination and the petition was dismissed.

• Nomination Requirements
• Public Officer Resignation
• Local Government Elections
• Election-petitions
• Local-government-elections
• Nomination-requirements

Okeyoh Peter v Abbot George Ouma

Okeyoh Peter v Abbot George Ouma (Election Petition Appeal No. 08 of 2011) [2012] UGCA 1 (12 February 2012)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 08 of 2011

Judge

Kavuma, JA, Arach-Amoko, JCC, Kasule, JA

The Court of Appeal of Uganda allowed an election appeal, holding that Okeyoh Peter had duly resigned and was validly nominated and elected as MP for Bukholi Island.

• Nomination Requirements
• Public Officer Resignation
• Parliamentary Elections
• Standing Orders Application
• Election-petitions
• Public-officer-resignation

Kassibo Joshua Vs Mbogo Kezekia & Anor

Kassibo Joshua Vs Mbogo Kezekia & Anor (Election Pet. No. 04 of 2011) [2011] UGHC 83 (29 June 2011)

Court

High Court of Uganda

Case number

Election Pet. No. 04 of 2011

Judge

Chibita, J

The court found that the 1st respondent expressed his intention to resign from public service more than 90 days before nomination, as required by law. Although there was a significant delay in the processing and acknowledgment of his resignation letter by the relevant ministries, the court held that such delay could not be attributed to the 1st respondent in the absence of evidence of his involvement in the delay. The court recognized the dysfunctionality of the administrative system and determined that it would be unjust to penalize the 1st respondent for bureaucratic inefficiency. The court…

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• Parliamentary Elections
• Nomination Requirements
• Public Officer Resignation
• Locus Standi