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Court of Appeal of Uganda

The Court of Appeal is the second highest court in the land.  It came into being following the promulgation of the 1995 Constitution, and the enactment of the Judicature Statute, 1996. Article 134 of the Constitution established the structure of the Court of Appeal.

While presiding over matters , it is duly constituted when it consists of an odd number of not less than three (3) justices of the Court of Appeal. It is this court that constitutes itself into a Constitutional Court in accordance with the Constitution to hear constitutional cases.

The Constitutional Court consists of fifteen (15) justices and handles the matters, issues or cases concerning the interpretation of the Constitution  When presiding over a constitutional matter, there must be a quorum of at least five (5) justices of the court.

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Twed Towers along Kafu Road, Nakasero,Kampala.
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https://www.judiciary.go.ug/data/smenu/77//Court%20of%20Appeal.html
2 judgments
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2 judgments
Citation
Judgment date
July 2012
Kikulukunyu v Muwanga (Election Petition Appeal No. 44 of 2011) [2012] UGCA 23 (20 July 2012)
Whether bribery was proved and whether selective trial evaluation violated the petitioners’ right to a fair hearing.
Election law – Allegations of bribery – Ingredients and standard of proof for bribery under s.68 PEA; Evidence – burden of proof and proof of voter status (voter’s card vs voters’ register); Election petitions – appraisal of partisan/accomplice witness evidence and need for corroboration; Procedural fairness – whether selective consideration of pleaded incidents violates right to fair hearing; Remedy – annulment and by-election where bribery proved.
 20 July 2012
Achieng Sarah & Anor v Ochwo Nyakecho Keziah (Election Petition Appeal No. 39 of 2011) [2012] UGCA 22 (3 July 2012)
Bribery allegation unproven and disenfranchisement not shown to have substantially affected the result; petition dismissed.
Election law – bribery: requirement of cogent, corroborated evidence proving all statutory ingredients before annulling an election; Election law – non‑compliance/DR forms: disenfranchisement must be shown to have a substantial effect on result; Appeal – reappraisal of evidence on balance of probabilities; Costs – allocation where Electoral Commission found to have erred in conduct of election.
 3 July 2012