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Citation
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Judgment date
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| 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 |