Nalubega v Kinyamatama and Another (Election Petition Appeal No. 27 of 2021) [2022] UGCA 156 (26 May 2022)
Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No. 27 of 2021
Judge
Monica K. Mugenyi, JA, Kibeedi Mutangula, JA, Musoke, JA
The Court of Appeal held that nomination complaints about a candidate’s eligibility must be raised before the Electoral Commission, not after the election.
Musuya Soobi v Mukhaye and 2 Others (Election Petition No. 15 of 2021) [2021] UGHCEP 20 (7 September 2021)
Court
Election Petitions of Uganda
Case number
Election Petition No. 15 of 2021
Judge
Ojok, J
The court found that the 1st respondent was a registered voter under the name 'Mukhaye Miriam' and was validly nominated for the position of District Woman Member of Parliament for Mbale District. The evidence showed that any discrepancies in names were the result of clerical errors by the 3rd respondent, which were internally corrected in accordance with the law. The applicant failed to prove that the 1st respondent was not the owner of her academic documents or that she had ever legally changed her name. The court also found that the applicant did not adduce sufficient evidence to prove any…
Nagami Gloria v Attorney General and Anor (Civil Miscellaneous Application No. 177 of 2020) [2021] UGHCCD 27 (30 April 2021)
Court
HC: Civil Division (Uganda)
Case number
Civil Miscellaneous Application No. 177 of 2020
Judge
Musa Ssekaana, J
The court held that while the right to vote is fundamental and protected by the Constitution, it is subject to the procedures and limitations established by electoral laws. The Electoral Commission is mandated to set a cut-off date for voter registration to ensure the orderly conduct of elections and to provide a clean, reliable voters register. The court found that the applicant did not follow the proper procedure for raising objections regarding the voters register, as such complaints must first be addressed to the Electoral Commission and its tribunal. The court further reasoned that the i…
The African Court held that the request for provisional measures in Babarou Bocoum v Republic of Mali had become moot after the political situation changed.
The Court found that the Applicant's removal from the voters' register and the inclusion of his criminal conviction in his record, if not suspended, would likely cause irreparable harm to his civil and political rights, especially in the context of imminent general elections. The Court determined that it had prima facie jurisdiction to hear the Application, as the Respondent State's withdrawal of its Declaration under Article 34(6) of the Protocol would only take effect one year after deposit and did not affect cases already pending. The Court held that the circumstances were of extreme gravi…
Wakayima-Musoke & Anor v Kasule Sebunya (Election Appeal No. 60 &102 of 2016) [2017] UGCA 132 (15 September 2017)
Court
Court of Appeal of Uganda
Case number
Election Appeal No. 60 &102 of 2016
Judge
Kavuma, DCJ, Barishaki-Cheborion, JA, Obura, JA
The Court of Appeal found that the 1st appellant, Wakayima Musoke Nsereko, was nominated in error for the parliamentary seat of Nansana Municipality because he was not a registered voter as required by law; his name did not appear in the National Voters' Register in the form used for nomination, and he failed to follow the statutory process for rectifying discrepancies in his names. Furthermore, the Court held that the 1st appellant did not prove possession of the minimum academic qualifications, as there were unresolved inconsistencies between his nomination papers and academic documents, an…
Kasule Robert Sebunya v Wakayima Musoke Nsereko & Anor. (Election Petition No. 4 of 2016) [2016] UGHCEP 75 (20 July 2016)
Court
Election Petitions of Uganda
Case number
Election Petition No. 4 of 2016
The High Court nullified the Nansana Municipality parliamentary election, finding the nominee was not properly registered as a voter and that irregularities affected the result.
Hon. Odongo Otto v Electoral Commission (Misc Cause 102 of 2015) [2015] UGHCCD 444 (24 July 2015)
Court
HC: Civil Division (Uganda)
Case number
Misc Cause 102 of 2015
Judge
Nyanzi, J
The High Court treated the application as an electoral appeal and ordered the Electoral Commission to enter the applicant’s particulars in the Voters’ Register.
Beatrice Lagada v Rosemary Kerwegi and Others (Election Petition No. 1 of 1996) [1996] UGHC 84 (4 October 1996)
Court
High Court of Uganda
Case number
Election Petition No. 1 of 1996
Judges
GM OKELLO, J
Election petition dismissed after the High Court found no proved non-compliance or illegal practice affecting the Apac District women representative election.