Election Petitions of Uganda - 2011 July

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5 judgments

Citation	Judgment date
July 2011
Akileng v Olirah and Anor (Election Petition No. 27 of 2011) [2011] UGHCEP 299 (28 July 2011)	28 July 2011
Nabuyobo v Electoral Commission and Anor (Parliamentary Election Petition No. 23 of 2011) [2011] UGHCEP 3 (27 July 2011) Alleged multiple voting and falsified returns were proven insufficient to substantially affect the election; petition dismissed with costs. Electoral law – alleged multiple voting and votes by deceased persons – discrepancies in polling station ballot-accountability and declaration forms – burden to prove falsification and substantial effect on result – petition dismissed.	27 July 2011
Akidi v Adong and Anor (Election Petition No. 4 of 2011) [2011] UGHCEP 8 (21 July 2011) Petitioner failed to prove substantial electoral non-compliance or illegal practices; petition dismissed with costs. Electoral law – election petition; burden of proof on petitioner (balance of probabilities); non-compliance and illegal practices must be proved and be substantial to vitiate results; recount discretionary and requires evidence of widescale irregularities; procedural defects in pleadings not necessarily fatal if substantial rights can be determined.	21 July 2011
Luyimbuzi and Anor v Bazigatirawo and Anor (HCT-00-CV-EP 44 of 2011) [2011] UGHCEP 10 (21 July 2011) A prior s.236 assault conviction did not amount to moral turpitude; election stood and petition dismissed with costs. Electoral law – qualification for office – Article 80(2)(f): requires conviction by a competent court within seven years; pending revision does not negate conviction; definition of "moral turpitude" – ordinary meaning, reasonable‑man/community standard, mens rea and context determine classification; assault occasioning actual bodily harm (s.236) not per se a crime of moral turpitude – depends on facts; remedies for disqualification not available where no CIMT found.	21 July 2011
Lukyamuzi v Kasamba Mathias (Election Petition No. 3 of 2011) [2011] UGHCEP 305 (4 July 2011) Election petition dismissed: the respondent had requisite academic qualifications and bribery allegations were unproven. Electoral law – election petition – standard of proof higher than ordinary civil cases; qualification disputes – acceptance of statutory declaration and institutional verification to authenticate academic certificates; hearsay inadmissible to prove electoral malpractices; burden on petitioner to prove fraud or unlawful practices.	4 July 2011