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Citation
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Judgment date
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| 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 |