Uganda Case Law

Ebil Fred v Ocen Peter and Anor

Ebil Fred v Ocen Peter and Anor (Election Petition No. 1 of 2016) [2016] UGHCEP 39 (12 August 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 1 of 2016

The court found that the 1st Respondent, Ocen Peter, personally and through his agents, committed multiple electoral offences, including sectarian campaigning, uttering false and disparaging statements, orchestrating violence and intimidation against the applicant's supporters, and using government resources for campaign purposes. The evidence presented by the applicant, including affidavits from campaigners, police officers, and victims, was uncontroverted and corroborated by the District Police Commander and Detective Corporal Okori George. The respondents failed to challenge or rebut the s…

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• Electoral Offences
• Sectarian Campaigning
• Use Of Government Resources
• Election Violence
• Burden Of Proof
• Competency Of Petition

Alaso v Electoral Commission and Anor (HCT-00-CV-EP 5 of 2016)

Alaso v Electoral Commission and Anor (HCT-00-CV-EP 5 of 2016) [2016] UGHCEP 33 (25 July 2016)

Court

Election Petitions of Uganda

Case number

HCT-00-CV-EP 5 of 2016

The court found that there was substantial non-compliance with electoral laws by the Respondents, including the use of a government ambulance for campaign purposes, widespread distribution of money and goods (bribery), harassment and arrest of the Petitioner’s agents, and significant irregularities in ballot paper accounting. The evidence, particularly the unchallenged affidavit of Cephas Mukhwana and the corroborated use of the government ambulance, established that the 2nd Respondent and her agents committed illegal acts with her knowledge and approval. The Returning Officer’s failure to ad…

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• Electoral Offences
• Bribery And Illegal Practices
• Use Of Government Resources
• Burden And Standard Of Proof
• Affidavit Requirements
• Nullification Of Election

Kyotasobora v Kabakumba Masiko and Another

Kyotasobora v Kabakumba Masiko and Another (Election Petition Appeal No. 54 of 2011) [2012] UGCA 63 (23 November 2012)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 54 of 2011

Judge

Kasule, JA, Nshimye, JA, Arach-Amoko JA

The Court of Appeal found that the appellant failed to prove, on a balance of probabilities, that the first respondent committed bribery or other electoral offences, or that there was substantial non-compliance with electoral laws affecting the election result. The evidence presented by the appellant's witnesses was found unreliable, lacking in specificity, or hearsay, and did not establish that the first respondent or her agents engaged in bribery or intimidation. The trial judge was correct in rejecting evidence regarding vehicle registration and alleged intimidation by army soldiers, as it…

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• Bribery In Elections
• Non Compliance With Electoral Laws
• Burden And Standard Of Proof
• Use Of Government Resources
• Intimidation Of Electorate

Otiam v Oboth and Anor

Otiam v Oboth and Anor (Election Petition No. 7 of 2011) [2011] UGHCEP 300 (23 September 2011)

Court

Election Petitions of Uganda

Case number

Election Petition No. 7 of 2011

The court found that there was substantial non compliance with electoral laws in the conduct of the parliamentary elections for West Budama County South constituency. Specifically, the disenfranchisement of 2,913 voters at six polling stations, failure to control the use of ballot papers resulting in multiple voting and ballot stuffing, and the inclusion of votes cast by deceased persons constituted serious irregularities. The court held that the right to vote encompasses both the act of voting and the assurance that each vote is counted equally. The exclusion of results from the six polling…

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• Parliamentary Elections
• Electoral Irregularities
• Voter Disenfranchisement
• Bribery And Illegal Practices
• Use Of Government Resources
• Voter Intimidation

Shaban Sadiq Nkutu v Asuman Kyafu and Another (HC-03-CV-EP-0008-2006) (HC-03-CV-EP-0008-2006)

Shaban Sadiq Nkutu v Asuman Kyafu and Another (HC-03-CV-EP-0008-2006) (HC-03-CV-EP-0008-2006) [2006] UGHC 57 (20 December 2006)

Court

High Court of Uganda

Case number

HC-03-CV-EP-0008-2006

The High Court dismissed an election petition challenging the Iganga LC V Chairmanship results, finding the alleged malpractice unproven and not shown to affect the outcome.

• Electoral Malpractice
• Bribery And Intimidation
• Use Of Government Resources
• Appointment Of Election Officials
• Ballot Staffing
• Tallying And Result Manipulation