Election Petitions of Uganda - 2015

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2 judgments

Citation	Judgment date
December 2015
Nabasirye & Anor v Electoral Commission & Anor (Miscellaneous Application No. 456 of 2015) [2015] UGHCEP 2 (1 December 2015) High Court grants interim injunction to bar nomination pending resolution of triable identity and qualification disputes under Article 50. Constitutional remedies (Article 50) – jurisdiction to challenge alleged improper legislative representation; Election law interplay – when election-specific procedures do not oust judicial competency; Temporary injunction – identity and qualification disputes as triable issues; Locus and proper party – identity disputes may justify suit against named respondent.	1 December 2015
January 2015
Mwiru v National Council For Higher Education and 2 Ors (Miscellaneous Cause No. 62 of 2015) [2015] UGHCEP 7 (25 January 2015) Court upheld NCHE’s equivalence certificate, finding no proven fraud or illegitimacy in the qualifications; application dismissed. Parliamentary Elections Act s.4(11) — locus to appeal; NCHE equivalence — court may inquire into legitimacy/authenticity of underlying qualifications but not usurp equating mandate; statutory instruments — applicability and retrospective operation of Legal Notice No.12 of 2015; evidentiary limits — speculative allegations require expert proof; procedural permissibility of notice of motion where statutory rules absent.	25 January 2015