Okiria v Zomu and Another (Mbale Election Petition No. 33 of 2021)
Okiria v Zomu and Another (Mbale Election Petition No. 33 of 2021) [2021] UGHCEP 11 (9 September 2021)
The court held that Section 138(4) of the Local Government Act prescribes a strict and mandatory 14-day period for filing election petitions following the publication of results in the Gazette. The petition in question was filed one day outside this statutory period, rendering it time-barred and incompetent. The court lacks jurisdiction to extend or abridge this statutory period, as there is no provision in the Act granting such discretion. Arguments based on Article 126(2)(e) of the Constitution and the Civil Procedure Rules were rejected, as limitation of time is a matter of substantive law…
Source excerpt
- Election Petition Timelines
- Statutory Limitation
- Jurisdiction Of Court
- Preliminary Objection
- Locus Standi