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Citation
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Judgment date
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| December 2016 |
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Taxation largely upheld but second respondent’s taxed bill set aside; preparatory items disallowed as covered by instruction fee.
Taxation of costs – Advocates Remuneration and Taxation Rules SI 267-4 – Instruction fee covers preparatory work – Registrar’s discretion under Rule 13 – Taxation set aside where no court-awarded costs – consideration of inflation in taxation.
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16 December 2016 |
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A prior Anti‑Corruption Act conviction disqualified the respondent from council election; election nullified and appellant declared elected.
Electoral law – candidate qualification – effect of prior conviction under Anti‑Corruption Act s.19 – disqualification under s.46 for ten years. Statutory interpretation – definition of "public body/public office" in Anti‑Corruption Act – purposive construction to include local government councils and elective offices. Civil procedure – competency of appeal – failure to extract decree not fatal where judgment and appeal records properly filed. Precedent – lower courts bound by High Court authority; trial court erred in departing from binding decisions.
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15 December 2016 |
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A conviction for an Anti-Corruption Act offence disqualifies a local government councillor; appeal allowed despite no decree and election nullified.
Anti-Corruption Act 2009 s.46 – Disqualification from holding public office after conviction – applicability to local government councillors. Statutory interpretation – meaning of "public office" within anti-corruption legislation – literal and purposive approaches. Civil procedure – appeal competency – failure to extract decree not fatal where substantive justice requires determination. Election law – invalid nomination/election where candidate disqualified under anti-corruption statute; remedy and declaration of next-placed candidate.
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14 December 2016 |
| November 2016 |
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An Article 86 petition remains subject to the PEA’s 30‑day filing rule; late petitions are void and struck out with costs.
Election law – Time limits – Section 60(3) PEA 30‑day filing requirement; Article 86/Section 86 do not create an independent window; Rule 19 cannot cure filing out of time; requirement for supporting signatures for registered‑voter petitions.
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24 November 2016 |
| October 2016 |
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Election petition struck off for failure to pay the mandatory UGX 150,000 filing fee under applicable Parliamentary Elections Rules.
Election law – Local Government elections – application of Parliamentary Elections Rules via s.172 LGA; mandatory filing fee for election petitions (Rule 5(3) & 5(4)) – payment procedure for court fees; Treasury Accounting Instructions – payments to designated bank required; failure to pay prescribed fee ousts jurisdiction – petition struck off.
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19 October 2016 |
| September 2016 |
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Election petition dismissed for failure to prove invalid nomination or electoral offences substantially affecting the result.
Electoral law – nomination validity – verification by returning officer and Electoral Commission; election petition procedural objections – admissibility of affidavits and Illiterates Protection Act compliance; standard of proof in local government election petitions (s.61(3)) – balance of probabilities; proof required for bribery, intimidation, forgery and wrongful invalidation; substantial effect test for annulling elections.
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9 September 2016 |
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Court allowed oral discovery under O.10 r.12 and ordered production; preliminary objections to be heard before trial.
Civil procedure – Discovery – Order 10 Rule 12 (broad discretionary discovery) versus Rule 15 (documents referenced in pleadings). Election petition – expedition and relevance of document production relating to vote management and accountability. Preliminary objections – payment of court fees and form of supporting affidavit to be determined before substantive hearing.
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9 September 2016 |
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The applicant's election petition was dismissed for failing to prove substantial non-compliance or bribery affecting the result.
• Election law – compliance with Parliamentary Elections Act – recounts and RO jurisdiction for mandatory recounts (50-vote margin).
• Election irregularities – early closure of polls and alleged disenfranchisement – burden to prove substantial effect.
• Electoral offences – bribery allegations require credible, corroborated evidence and proper pleading.
• Remedies – courts cautious to annul elections absent substantial, qualitatively significant departures from fair process.
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2 September 2016 |
| August 2016 |
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Election nullified: candidate’s O‑level identity unproven and Electoral Commission omitted petitioner’s details from ballots.
Election law – nomination and locus – qualification for Parliamentary candidature – proof of identity and nexus to academic certificates – verification by NCHE – duty of Electoral Commission to ensure correct ballot papers – disenfranchisement and substantial non‑compliance vitiating election.
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30 August 2016 |
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Petitioner failed to prove bribery or material non-compliance that substantially affected the election; petition dismissed with costs.
Election law; Parliamentary Elections Act — allegations of bribery and illegal practices; standard and degree of proof in election petitions; admissibility and commissioning of affidavits; severance of defective affidavit parts; requirement for cross-examination and corroboration; whether non-compliance substantially affected election result; discretion to treat procedural breaches as technicalities.
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26 August 2016 |
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26 August 2016 |
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Petitioner declared elected where respondent was not a registered voter, name change/statutory declaration inadequate, and cancelled polling results materially affected outcome.
Electoral law – candidate qualification – registered voter requirement and name change formalities; Parliamentary Elections Act s.4 and s.53; Registration of Persons Act compliance for change of name; admissibility of statutory declarations as proof of academic qualification (PEA s.4(14)); irregular cancellation of polling station results and substantial effect on result.
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20 August 2016 |
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Court set aside election after finding bribery by respondent’s agents; ordered fresh election and further investigation.
Election law – burden and standard of proof in election petitions; bribery and illegal practices by candidate’s agents; recount and missing ballot boxes; cancelled polling-station results; remedies – annulment and fresh election.
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15 August 2016 |
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Applicant failed to prove respondent was not a Ugandan citizen; respondent’s Ugandan documents established lawful nomination and election.
Election law – qualification to stand for Parliament – citizenship by birth and descent under the Constitution and relevant statutes. Evidence – authenticity and admissibility of documentary proof (uncertified photocopies, foreign voter cards) and proper proof of provenance. Burden and standard of proof in election petitions – contestant bears burden; balance of probabilities. Local authority powers – limits on registration of aliens under Aliens (Registration and Control) Act.
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15 August 2016 |
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Petitioner proved sectarian speech, organized election violence and unlawful use of a government vehicle; election annulled.
Election law – sectarian and disparaging statements – electoral violence and intimidation by candidate/agents – use of government resources for campaigning – burden and standard of proof in election petitions – Electoral Commission liability for flawed elections.
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12 August 2016 |
| July 2016 |
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27 July 2016 |
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Election nullified due to organized intimidation, ballot‑stuffing, falsified results and failure to follow electoral procedures.
Electoral law – non‑compliance: intimidation by armed persons; multiple voting and ballot‑stuffing; falsification of Declaration of Result forms; failure to verify voters/use biometric machines; incorrect tallying – impact on result; nullification and fresh election ordered.
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26 July 2016 |
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Non‑compliance, bribery, use of a government vehicle and ballot anomalies nullified the election and fresh polls were ordered.
Election law – electoral irregularities – non‑compliance with Parliamentary Elections Act – use of government resources for campaigning – bribery and distribution of gifts – unexplained ballot paper discrepancies – harassment/arrests of agents – standard and burden of proof in election petitions.
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25 July 2016 |
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Petitioner failed to prove bribery or irregularities; election held valid and petition dismissed with costs.
Election law – service and joinder – adequacy of notice of presentation and affidavit of service. Election law – bribery and illegal practices – elements: gift, by candidate/agent, intention to influence vote; need for credible independent evidence. Timing – distinction between pre-nomination relief/government distribution and prohibited campaign-period inducements. Counsel ethics – advocacy where counsel has served process or acted as election agent; court discretion to allow participation. Standard and burden of proof – petitioner must prove allegations on balance of probabilities with cogent evidence.
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25 July 2016 |
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Petitioner failed to prove electoral non-compliance or bribery; election result stands and petition dismissed with costs.
Electoral law — Election petition burden and standard of proof (s.61) — Compliance by Electoral Commission with declaration procedures — Significance of signed Declaration of Results forms — Proof and corroboration in bribery allegations — Materiality: whether non-compliance affected results substantially.
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25 July 2016 |
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Proven bribery by the 1st respondent through agents sufficed to nullify the parliamentary election and order a fresh poll.
Election law – parliamentary election petition – burden and standard of proof (balance of probabilities; slightly higher than ordinary civil) – agency – illegal practices (bribery) – proof by conduct and corroborative evidence – non‑compliance and procedural irregularities (late start, multiple voting, pre‑ticked ballots) – admissibility of affidavits filed without leave.
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20 July 2016 |
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20 July 2016 |
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Petitioner failed to prove bribery, false statements or violence materially affected the election; petition dismissed, respondent duly elected.
Election petition — standard and burden of proof in setting aside MP elections; admissibility and reliability of affidavit evidence (hearsay, detached jurats, forged/inconsistent signatures, coached affidavits); proof required for bribery (registered-voter status, corroboration); false statements — requirement of malice/recklessness; violence/intimidation — causation and material effect on results.
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15 July 2016 |
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Failure to resign from a paid constitutional commission before nomination renders a parliamentary election null and void.
Parliamentary elections — qualification and disqualification — Article 80(4) Constitution and Section 4(4)(a) Parliamentary Elections Act — members of constitutional commissions and resignation requirement; electoral procedure — jurisdiction over interlocutory matters (Rule 24 SI 141-2); substituted service and timing (Rule 6 SI 141-2); validity of petition support signatures.
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15 July 2016 |
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Conviction under the Anti‑Corruption Act disqualified the candidate; election annulled and fresh poll ordered, EC held liable.
Election law – disqualification under Anti‑Corruption Act s.46 (10‑year bar) following conviction; Appeal rights and presumption of innocence – filing for certificate of importance does not equate to a substantive appeal; Electoral Commission’s duty to consider disqualifying information; failure to do so renders nomination and election invalid.
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14 July 2016 |
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Court set aside election after finding respondent unqualified due to invalid/unauthentic academic documents and inadequate vetting.
Electoral law – candidate qualification – authenticity of academic certificates and change of name; burden of proof and shift of evidential burden; vetting duty of the Electoral Commission; effect of non-compliance on election validity; admissibility of petitions despite procedural irregularities.
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7 July 2016 |
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Commission unlawfully annulled validly evidenced local election; court declared petitioner winner, ordered gazetting and injunction.
Electoral law – declaration of results – validity of signed Declaration of Result forms as basis for declaring winner; disturbance/riot during elections – timing and effect on result validity; Electoral Commission’s powers – limits where authentic D.R. forms exist; remedies – declaration, gazetting, injunction and costs.
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4 July 2016 |
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Petitioner proved bribery, failure to resign and invalid qualifications, resulting in annulment of the respondent's election.
Electoral offences – bribery (gifts and money) under s.68(1) PEA; Candidate eligibility – minimum academic qualifications—invalid O-Level certificate vitiating subsequent university awards; Public officer candidacy – failure to resign as RDC before nomination; Electoral Commission duties – restraint and verification of resignation but not required to investigate acquisition of higher qualifications; Effect of non-compliance – annulment of election.
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4 July 2016 |
| June 2016 |
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28 June 2016 |
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Electoral Commission’s procedural failures at two polling stations rendered the parliamentary result substantially unsafe; fresh election ordered.
Parliamentary elections — statutory post-count procedures — non-compliance with sealing and custody requirements (ss.50,51,52 PEA 2005) — Returning Officer’s duty under s.53 — admissibility and certification of DR forms (Evidence Act) — quantitative test for substantial effect on result — remedy: setting election aside and ordering fresh poll.
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28 June 2016 |
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Breach of the PEA timing rule did not substantially affect the election; allegations of bribery and irregularities were unproven.
Election law — admissibility of affidavits filed after initial filing but before scheduling; improper rejoinder/surrejoinder; service of pleadings directory. Parliamentary Elections Act — alleged irregularities (late materials, ballot transfer, stuffing, multiple voting, disenfranchisement, denial of agents, alteration of DRFs) — not proved. Bribery and illegal donations — allegations not proved to required standard. Tallying and declaration timelines — breach of s.18(4) PEA (late declaration) but no substantial effect on result.
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24 June 2016 |
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Petition dismissed: qualifications issue res judicata; Electoral Commission’s reprinted DR forms lawful and did not vitiate result.
Election law – res judicata as to candidate qualifications arising from prior court determination; Electoral Commission powers under s.50 ECA to correct mistakes during polling; validity and authentication of Declaration of Results forms; requirement to prove non-compliance affected result substantially before annulling election; estoppel where agents sign DR forms.
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24 June 2016 |
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Electoral Commission's corrective DR forms did not substantially affect the election; petition dismissed.
Electoral law — omission of a candidate's name on Declaration of Results forms; Electoral Commission powers to correct election anomalies (s.50, s.14, Article 61); validity of non‑prescribed/generic DR forms where substance is intact; agent signatures as estoppel; substantial‑effect test for annulment of elections.
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24 June 2016 |
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Petitioner failed to prove bribery, defamation or substantial non-compliance; declared winner’s election upheld, petition dismissed.
Electoral law – election petition – burden and standard of proof; voter bribery – proof requirements (registered voter status, inducement, agent link); evidence admissibility – jurat/translator formalities; declaration of results form errors – effect on result; defamation – necessity of producing impugned material.
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23 June 2016 |
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A restraining order overtaken by events does not invalidate a valid nomination; declaration stands if candidate obtained most votes.
Election law – nomination and validity of candidature; effect of interlocutory/restraining orders on nominations; Section 11 and 13 PEA (nomination rules); Section 58 PEA (declaration of winner); burden of proof in election petitions; overtaken-by-events doctrine for interim orders.
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17 June 2016 |
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A post-event restraining order did not invalidate a prior lawful nomination; election upheld and petition dismissed.
Election law — Nomination of candidates — validity of nomination under Section 11 Parliamentary Elections Act; effect of interlocutory injunction issued after nomination; status quo and effluxion of time; substantial effect requirement under Section 61(1).
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17 June 2016 |
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Bribery, intimidation and procedural non‑compliance by the respondent and Electoral Commission led to annulment of the election and a fresh poll.
Electoral law – Parliamentary Elections Act – non‑compliance with electoral procedures; affidavit formalities – affidavit rejected for not being sworn before a Commissioner for Oaths; illegal practices – bribery, intimidation and hijacking of vote counting; substantial effect standard – annulling election and ordering fresh poll.
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17 June 2016 |
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Respondent’s improper exit from public service made his nomination void, nullifying his election and triggering fresh polls.
Electoral law – qualification for nomination – distinction between resignation and retirement from public service – statutory timelines for resignation (90 days) and retirement (six months’ notice) – effect of improper retirement on validity of nomination and election.
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15 June 2016 |
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Court set aside parliamentary election after court‑ordered recount was frustrated by destruction of ballot boxes, ordering a fresh election.
Election law – mandatory recount (s.54 PEA) – timing and effect of transmission of results; court‑sanctioned recount (s.55 PEA) – adjournment and frustration. Destruction/tampering of ballot boxes – non‑compliance with s.52 PEA and inability to audit results. Non‑compliance – quantitative and qualitative effect on an election decided by a narrow margin. Electoral offences – insufficient evidence to prove culpability where criminal proceedings pending. Remedy – election set aside; fresh election ordered; partial costs against Electoral Commission.
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14 June 2016 |
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Petitioner failed to prove electoral irregularities; election found compliant and petition dismissed with costs.
Parliamentary elections — statutory election petition under Section 60 — compliance with electoral laws; interlocutory court orders subject to appeal; party symbol allocation; allegations of false statements (Section 73) — burden on petitioner to prove illegality and substantial effect on result; dismissal where irregularities not proved.
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13 June 2016 |
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Petitioner failed to prove pleaded irregularities; a typographical Gazette error was corrected and election result upheld.
Election law – petition burden and balance of probabilities; declaration/tally sheets and agents’ signatures; Gazette typographical error and corrigendum; Electoral Commission’s duty to publish accurate final results; departure from pleadings not permitted.
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13 June 2016 |
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Petitioner failed to prove respondent lacked Ugandan citizenship; election upheld and petition dismissed with costs.
Election law – Qualification for Member of Parliament – Citizenship status and dual citizenship – Burden and standard of proof in election petitions – Evidence: Ugandan passport, voter registration, and absence of proof of renunciation.
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8 June 2016 |
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The applicant failed to prove material electoral irregularities; the respondent’s election was upheld and petition dismissed with costs.
Election law — election petition — burden and standard of proof higher than ordinary civil cases; requirement for certified Declaration of Results forms (DRFs) and authenticated evidence (Evidence Act) — uncertified DRFs inadmissible; Returning Officer’s tally and transmission evidence; minor clerical error on return form not vitiating election result; substantiality test — unproven irregularities that do not affect outcome warrant dismissal.
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8 June 2016 |
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4 June 2016 |
| May 2016 |
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A post‑declaration challenge under section 15 was misconceived; post‑declaration disputes must proceed under Sections 60–61 of the Parliamentary Elections Act.
Electoral law – jurisdiction of the Electoral Commission – Article 61(1)(f) and section 15 Electoral Commissions Act limited to complaints before and during polling – post‑declaration challenges must be brought under Sections 60–61 Parliamentary Elections Act; procedural compliance with appeal rules required; improperly introduced documentary evidence struck off record; correction of statutory citation to section 4(1)(c).
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30 May 2016 |
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27 May 2016 |
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An election petition filed before the results are published in the Gazette is premature and incompetent.
Parliamentary Elections Act s.60(3) – 30‑day filing period triggered by Gazette publication of results; competence of election petitions; premature filing nullity; judicial notice of Gazette under Evidence Act s.56(e); service requirements of election petitions.
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25 May 2016 |
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A party cannot be added to an election petition after the statutory 30‑day filing period has expired.
Election law – Amendment – Addition of parties under Order 1 r.10(2) – Necessity to enable complete adjudication; Limitation – Section 60(3) PEA – 30‑day filing period from Gazette – Statutory and not enlargable by court; PEEPR r.19 – Extension of time applies only to rules, not to parent Act; Procedural bar – cannot add party after statutory limitation; Distinction – necessary party versus witness.
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25 May 2016 |
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Court dismissed preliminary objections, exercised Rule 19 to permit service out of time, and ordered payment of fee deficiency.
Election law – preliminary objections – alleged mismatched petition not on record; procedural time limits for filing and service of election petitions (s.60(3) PEA; Rule 6(1) PEAEPR) – Court’s power to enlarge time under Rule 19 where special circumstances exist – remedy for insufficient court fees under s.97 Civil Procedure Act.
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24 May 2016 |
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An election petition lacking proper locus, required 500-voter support and valid affidavits is incompetent and was dismissed.
Election law — Parliamentary Elections Act s.60(2) — locus standi of candidate versus voter petitions; statutory form and 500-voter support requirement (Form EP, SI 141-3); validity and commissioning of affidavits; pleadings' certainty and amendments; competency of election petitions.
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18 May 2016 |