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Uganda Case Law

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Election Petitions [2021] UGHCEP 29

Kahombo Kakusya v Dr. Asiimwe Akiiki and Another

Kahombo Kakusya v Dr. Asiimwe Akiiki and Another (Election Petition No. 8 of 2021) [2021] UGHCEP 29 (29 September 2021)

The High Court held that a Bunyoro Kingdom minister was not a traditional or cultural leader and did not need to resign before contesting as Woman MP for Masindi.

  • Qualification For Parliament
  • Traditional And Cultural Leaders
  • Nomination Requirements
  • Interpretation Of Constitution
  • Remedies In Election Petitions
  • Election-petitions
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Election Petitions [2021] UGHCEP 5

Kahombo Kakusya v Dr. Asiimwe and Another

Kahombo Kakusya v Dr. Asiimwe and Another (Election Petition No. 8 of 2021) [2021] UGHCEP 5 (28 September 2021)

The High Court held that a minister in Bunyoro Kitara Kingdom was not a traditional or cultural leader, so she was not disqualified from election as Woman MP for Masindi.

  • Qualification For Parliament
  • Traditional Leaders Disqualification
  • Interpretation Of Constitution
  • Nomination Requirements
  • Remedies In Election Petitions
  • Election-petitions
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Election Petitions [2021] UGHCEP 38

Nalubega v Kinyamatama and Another

Nalubega v Kinyamatama and Another (Election Petition No. 6 of 2021) [2021] UGHCEP 38 (17 September 2021)

The High Court dismissed an election petition challenging a woman MP’s qualification, holding the claim was brought too late and the respondent was a registered voter.

  • Qualification For Parliament
  • Registered Voter Status
  • Name Change And Identity
  • Electoral Process Challenges
  • Election-petitions
  • Parliamentary-qualification
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Election Petitions [2016] UGHCEP 34

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)

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…

  • Qualification For Parliament
  • Public Officer Resignation
  • Nomination Requirements
  • Service Of Process
  • Petition Signature Threshold
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Election Petitions [2010] UGHC 143

Hon. Sabila Herbert Vs. Maket Latif (HCT-04-CV-MA-124-2010) (HCT-04-CV-MA-124-2010)

Hon. Sabila Herbert Vs. Maket Latif (HCT-04-CV-MA-124-2010) (HCT-04-CV-MA-124-2010) [2010] UGHC 143 (26 October 2010)

The High Court of Uganda held that an election petition challenging a parliamentary candidate was premature and struck it out, vacating the interim injunction.

  • Qualification For Parliament
  • Timing Of Election Petitions
  • Internal Party Vetting
  • Election-petitions
  • Parliamentary-eligibility
  • Premature-proceedings
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Election Petitions [2007] UGHCEP 1

Mutyabule v Nyago and Anor

Mutyabule v Nyago and Anor (Election Petition No. 10 of 2006) [2007] UGHCEP 1 (17 May 2007)

Election petition over a parliamentary nomination was dismissed after the court found the respondent had proven her academic qualifications and the petitioner had not.

  • Parliamentary Elections
  • Qualification For Parliament
  • Nomination Disputes
  • Burden Of Proof
  • Election-petitions
  • Parliamentary-elections
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Election Petitions [2021] UGHC 4

Nalubega v Suubi Kyinyamatama and Another

Nalubega v Suubi Kyinyamatama and Another (Election Petition No. 6 of 2021) [2021] UGHC 4 (17 September 2021)

The court found that the petitioner was aware of the alleged ineligibility of the 1st respondent prior to the election but failed to utilize the statutory remedies available under Article 61(1)(f) of the Constitution and Section 15 of the Electoral Commission Act to challenge the nomination. The electoral process is segmented, and complaints regarding nomination and qualification must be resolved before the election date. The evidence presented established that the 1st respondent, through a deed poll, statutory declaration, and matching photographs, was the same person as the registered voter…

  • Qualification For Parliament
  • Registered Voter Status
  • Change Of Name In Elections
  • Electoral Process Complaints
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