Uganda Case Law

Mbaju Jackson v Thembo Gideon Mujungu and Electoral Commission

Mbaju Jackson v Thembo Gideon Mujungu and Electoral Commission (Election Petition Appeal 46 of 2021) [2022] UGCA 309 (22 June 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 46 of 2021

Judge

Egonda-Ntende, JA, Madrama Izama, JA, Kavuma, JA

The Court of Appeal found that proven irregularities at Katunguru Primary School, Katunguru Market, Busunga Primary School, and Quran Primary School polling stations—including fraudulent voter turnout, votes cast by deceased or absent persons, and ballot stuffing—substantially affected the outcome of the parliamentary election for Busongora County South. The margin between the winning candidate and the runner-up was only 79 votes, and the number of impugned votes exceeded this margin, casting reasonable doubt on the legitimacy of the result. The court clarified that attribution of irregularit…

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• Parliamentary Elections
• Electoral Irregularities
• Affidavit Evidence
• Substantial Effect Test
• Commissioner For Oaths
• Polling Station Malpractice

Tumwesigye v Arinaitwe and Another (Consolidated Election Appeal No. 31 of 2021)

Tumwesigye v Arinaitwe and Another (Consolidated Election Appeal No. 31 of 2021) [2022] UGCA 159 (13 June 2022)

Court

Court of Appeal of Uganda

Case number

Consolidated Election Appeal No. 31 of 2021

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court of Appeal held that the appeal was filed within the prescribed timelines, as the Memorandum of Appeal was lodged and endorsed by the Registrar before the deadline, in accordance with Rule 30(b) of the Parliamentary Elections (Interim Provisions) Rules and Rule 4(a) of the Judicature (Court of Appeal) Rules. On the merits, the court found that uncertified Declaration of Results Forms are inadmissible as evidence, following the Supreme Court's decision in John Baptist Kakooza v. Electoral Commission & Yiga Anthony, unless exceptional circumstances are shown, which were not present in…

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• Parliamentary Elections
• Burden Of Proof
• Admissibility Of Evidence
• Costs Awards
• Non Compliance With Electoral Laws
• Substantial Effect Test

Wamara v Electoral Commission and Another

Wamara v Electoral Commission and Another (Election Petition No. 30 of 2021) [2021] UGHCEP 25 (12 October 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 30 of 2021

Judge

Busingye, J

The High Court dismissed a local government election petition over Bumasheti Sub-County, finding no proven electoral non-compliance or substantial effect on the result.

• Electoral Offences
• Burden Of Proof
• Substantial Effect Test
• Agency Relationship
• Ballot Stuffing
• Voter Intimidation

Hon. Lanyero v Acora and Another

Hon. Lanyero v Acora and Another (Election Petition No. 1 of 2021) [2021] UGHCEP 47 (20 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 1 of 2021

Judge

Asiimwe, J

The petitioner failed to prove, on a higher balance of probability, any substantial non-compliance with electoral laws or commission of illegal practices and offences by the respondents. The update of the voter register was conducted within the statutory framework, and no evidence showed that the additional voters affected the outcome or voted for the 1st respondent. The use of colours and symbols did not confuse voters, and no credible evidence of violence, intimidation, or bribery was presented. The omission to tick names in the voter roll at certain polling stations was a minor error, not…

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• Voter Register Update
• Use Of Party Colours
• Campaign Violence And Intimidation
• Bribery Allegations
• Declaration Of Results Forms
• Substantial Effect Test

Achieng & Anor Vs Ayo

Achieng & Anor Vs Ayo (Election Petition Appeal No. 59 of 2016) [2017] UGCA 121 (14 December 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 59 of 2016

Judge

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

The Court of Appeal found that the respondent failed to discharge the burden of proof regarding the alleged late delivery and mishandling of Osukuru Sub-county election materials. The evidence established that the ballot boxes arrived at the Tally Centre before midnight on 18th February 2016, and the original Declaration of Results Forms were used and transmitted as required. Minor errors and omissions in the DR Forms, including unsigned forms, did not amount to substantial non-compliance, as agents signed and did not contest the results. The alleged exclusion and alteration of votes were eit…

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• Parliamentary Elections Act Compliance
• Burden And Standard Of Proof
• Declaration Of Results Forms
• Substantial Effect Test
• Electoral Irregularities
• Remedies And Costs

Attan Moses Okia v Ariko Herbert Edmund Okworo and Others

Attan Moses Okia v Ariko Herbert Edmund Okworo and Others (Election Petition No. 11 of 2022) [2023] UGHC 1 (20 January 2023)

Court

High Court of Uganda

Case number

Election Petition No. 11 of 2022

Judge

Musa Ssekaana, J

The court found that the petitioner failed to adduce credible and cogent evidence to prove noncompliance with electoral laws or that any irregularities substantially affected the results of the Soroti City East Constituency bye-election. The affidavits of witnesses who recanted or provided contradictory statements were rejected for lack of credibility. The court emphasized that the burden of proof lies with the petitioner, who must prove allegations to the satisfaction of the court, and that minor irregularities or discrepancies, such as differences in male and female voter numbers or 100% tu…

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• Parliamentary Elections
• Election Irregularities
• Burden Of Proof
• Affidavit Evidence
• Substantial Effect Test
• Agent Appointment