Uganda Case Law

Mutegeki v Tibakunirwa and Another

Mutegeki v Tibakunirwa and Another (Election Petition Appeal No. 75 of 2021) [2022] UGCA 176 (24 June 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 75 of 2021

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The appellant failed to serve the Notice of Appeal and the letter requesting for typed proceedings on the first and second respondents within the seven-day period prescribed by Rule 78 of the Court of Appeal Rules. This delay constituted a failure to take an essential step in prosecuting the appeal, as required by Rule 82. The court found that strict compliance with procedural rules in election matters is mandatory due to the need for expeditious resolution. The appellant's arguments regarding personal service and preliminary objections were rejected, as there was no written evidence of a cha…

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• Notice Of Appeal Service
• Essential Step In Proceedings
• Timeliness Of Election Litigation
• Remedies In Election Petitions

Owori v Okongo

Owori v Okongo (Election Petition Appeal 25 of 2021) [2022] UGCA 320 (19 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 25 of 2021

Judge

Musoke, JA, Kibeedi Mutangula, JA, Monica K. Mugenyi, JA

The Court of Appeal set aside an LCIII election after finding that a consent-admitted handwriting report and witness evidence proved serious polling station irregularities.

• Electoral Malpractice
• Forgery Of Signatures
• Admissibility Of Evidence
• Polling Station Irregularities
• Substantial Effect On Election
• Remedies In Election Petitions

Waneloba v Masaba and Another

Waneloba v Masaba and Another (Election Petition No. 27 of 2021) [2021] UGHCEP 15 (30 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 27 of 2021

Judge

Bashaija, J

The High Court dismissed an election petition challenging the LCIII Manafwa Town Council result, finding no proved bribery, violence, or ballot stuffing.

• Election Non Compliance
• Voter Bribery
• Violence And Intimidation
• Ballot Stuffing
• Burden Of Proof
• Remedies In Election Petitions

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)

Court

Election Petitions of Uganda

Case number

Election Petition No. 8 of 2021

Judge

Musa Ssekaana, J

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

Lubega v Tumwesigye and Another

Lubega v Tumwesigye and Another (Election Petition No. 4 of 2021) [2021] UGHCEP 26 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2021

Judge

Ajiji, J

The High Court dismissed an election petition challenging the Bugangaizi South parliamentary result, finding the allegations unparticularized or unproved.

• Parliamentary Elections
• Electoral Offences
• Burden Of Proof
• Academic Qualification Disputes
• Pleading Particulars
• Remedies In Election Petitions

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)

Court

Election Petitions of Uganda

Case number

Election Petition No. 8 of 2021

Judge

Musa Ssekaana, J

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

Akongot v Electoral Commission & Another

Akongot v Electoral Commission & Another (ELECTION PETITION NO. 14 OF 2020) [2020] UGHCCD 219 (1 December 2020)

Court

HC: Civil Division (Uganda)

Case number

ELECTION PETITION NO. 14 OF 2020

Judge

Musa Ssekaana, J

The court held that the Electoral Commission retains constitutional jurisdiction to hear election complaints, even if not first resolved by the Returning Officer. However, once a candidate has been declared and gazetted as elected, the only available remedy is to challenge the validity of the election through a petition under the relevant sections of the Parliamentary Elections Act. The petition before the court was incompetent and the remedies sought were not tenable because the declaration and gazetting of a winner had already occurred, and the person declared winner was not a party to the…

Source excerpt

• Electoral Commission Jurisdiction
• Nomination Disputes
• Gazetting Of Candidates
• Remedies In Election Petitions

Akello v Electoral Commission & Another

Akello v Electoral Commission & Another (ELECTION PETITION NO. 10 OF 2020) [2020] UGHCCD 218 (1 December 2020)

Court

HC: Civil Division (Uganda)

Case number

ELECTION PETITION NO. 10 OF 2020

Judge

Musa Ssekaana, J

The petition is not tenable because the Electoral Commission had already declared and gazetted a winner for the Bukedea Woman Member of Parliament seat before the court could grant the remedies sought. The declared winner, Hon. Among Anita Annet, was not a party to the proceedings, and granting the orders would violate the rules of natural justice by condemning her unheard. The law provides distinct remedies at each stage of the electoral process, and after gazetting, the only available remedy is to file a petition under sections 60 and 61 of the Parliamentary Elections Act. The court cannot…

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• Nomination Challenges
• Gazetting Of Candidates
• Remedies In Election Petitions
• Locus Standii
• Natural Justice
• Jurisdiction Of High Court

Ekwenare v Electoral Commission & Another

Ekwenare v Electoral Commission & Another (ELECTION PETITION NO. 9 OF 2020) [2020] UGHCCD 221 (1 December 2020)

Court

HC: Civil Division (Uganda)

Case number

ELECTION PETITION NO. 9 OF 2020

Judge

Musa Ssekaana, J

The court found that the petition was competently before it, as the petitioner had locus under the Constitution and Electoral Commission Act. The Electoral Commission has jurisdiction to hear complaints both at original and appellate levels, as provided by the Constitution and relevant statutes. The law prohibits a candidate from standing for more than one elective position in the same election cycle, and the petitioner failed to lawfully withdraw her earlier nomination before seeking nomination for a second position. The Commission's decision to denominate the petitioner was lawful. The reme…

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• Nomination Withdrawal
• Jurisdiction Of Electoral Commission
• Competency Of Petition
• Remedies In Election Petitions
• Natural Justice
• Statutory Interpretation

Asio v Electoral Commission & Another

Asio v Electoral Commission & Another (ELECTION PETITION NO. 11 OF 2020) [2020] UGHCCD 220 (1 December 2020)

Court

HC: Civil Division (Uganda)

Case number

ELECTION PETITION NO. 11 OF 2020

Judge

Musa Ssekaana, J

The court held that the Electoral Commission has constitutional jurisdiction to entertain election complaints, and that the requirement to first lodge complaints with the Returning Officer does not oust this jurisdiction. However, the court found that the petition was rendered moot and the remedies sought untenable because, by the time of determination, the Electoral Commission had already declared and gazetted a winner (Hon. Among Anita Annet) who was not a party to the proceedings. The court emphasized that once a candidate is gazetted, any challenge to their election must be brought by way…

Source excerpt

• Electoral Commission Jurisdiction
• Nomination Disputes
• Gazetting Of Candidates
• Locus Standi
• Remedies In Election Petitions