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Uganda Case Law

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Election Petitions [2022] UGHCCD 74

Kalyago v Wassajja and Another

Kalyago v Wassajja and Another (Election Petition Appeal No. 11 of 2021) [2022] UGHCCD 74 (22 April 2022)

The High Court dismissed an election petition appeal, upholding the inclusion of disputed polling-station results and the trial court’s award of costs.

  • Election Results Omission
  • Vote Tallying
  • Non Compliance With Electoral Laws
  • Burden Of Proof In Election Petitions
  • Election-petitions
  • Vote-tallying
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Election Petitions [2017] UGHCEP 6

Makatu v Weswa and Another

Makatu v Weswa and Another (Election Petition Appeal No. 73 of 2016) [2017] UGHCEP 6 (17 August 2017)

The Court of Appeal dismissed an election petition appeal, holding that there was no credible proof of malpractice at Nakhamosi Polling Station and that the results should be counted.

  • Local Council Elections
  • Standard Of Proof
  • Electoral Malpractice
  • Appellate Procedure
  • Vote Tallying
  • Role Of Electoral Commission
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Election Petitions [2017] UGCA 128

Makatu Vs Weswa & Anor

Makatu Vs Weswa & Anor (Election Petition Appeal No. 73 of 2016) [2017] UGCA 128 (17 August 2017)

The Court of Appeal found that the trial judge properly evaluated the evidence and that there was no credible or sufficient proof of electoral malpractice or excess ballots at Nakhamosi Polling Station. The evidence presented by the appellant and his witnesses was found to be speculative, contradictory, and unsupported by neutral or documentary evidence. The police intervention and subsequent cancellation of the results were unjustified, as the Electoral Commission did not receive or examine any complaint of irregularity. The court further held that the correct procedural rules for filing the…

  • Local Council Elections
  • Standard Of Proof
  • Vote Tallying
  • Cancellation Of Results
  • Procedural Timelines
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Election Petitions [2016] UGHCEP 48

Ekanya v Nyakecho and Anor

Ekanya v Nyakecho and Anor (Election Petition No. 4 of 2016) [2016] UGHCEP 48 (28 June 2016)

The court found that there was non-compliance with sections 50, 51, and 52 of the Parliamentary Elections Act, 2005 by the Electoral Commission, specifically in failing to seal ballot boxes and safeguard election materials at Mission of Hope Church and Pagoya Primary School polling stations. The evidence established that the non-compliance was not justified and that the Returning Officer was not entitled to cancel the results from these stations, as there was no credible evidence of tampering or alteration of results. The court held that the failure to include 1,050 valid votes from the two p…

  • Parliamentary Elections
  • Vote Tallying
  • Electoral Non Compliance
  • Declaration Of Results
  • Burden Of Proof
  • Remedies In Election Petitions
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Election Petitions [2021] UGHC 23

Bantalib Taligola v Electoral Commission and Another

Bantalib Taligola v Electoral Commission and Another (Election Petition No. 10 of 2021) [2021] UGHC 23 (12 October 2021)

The court found that the petitioner failed to discharge the burden of proof required to overturn the election results. While several allegations of non-compliance, malpractice, and illegal acts were raised, the petitioner did not provide cogent, credible, or independent evidence to substantiate these claims. The court emphasized that mere assertions, arithmetic errors, or speculative claims about excess or stray votes are insufficient without proof that such irregularities affected the outcome in a substantial manner or that the votes in question belonged to the petitioner. The certified decl…

  • Parliamentary Elections
  • Electoral Malpractice
  • Burden Of Proof
  • Bribery
  • Vote Tallying
  • Evidence Requirements
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Election Petitions [2023] UGHCCD 7

Kayanja v Rulinda and Another

Kayanja v Rulinda and Another (Election Petition No. 14 of 2021) [2023] UGHCCD 7 (20 April 2023)

The court found that the Petitioner failed to adduce credible and cogent evidence to prove that the results declared by the Electoral Commission were falsified or inflated in favour of the 1st Respondent. The certified Declaration of Results forms, endorsed by agents and presiding officers, were deemed authentic, and the Petitioner's uncertified forms were not proven to be reliable or genuine. The Petitioner did not raise timely objections or seek a recount at the Tally Centre, and his claims regarding denial of access and non-use of the Electronic Display System were unsupported by evidence…

  • Local Government Elections
  • Vote Tallying
  • Declaration Of Results
  • Burden Of Proof
  • Evidence Authenticity
  • Remedies In Election Petitions
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