Election Petitions of Uganda - 2021 October

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8 judgments

Citation	Judgment date
October 2021
Birihariwe v Bright Amooti and 2 Others (Election Petition No. 10 of 2021) [2021] UGHCEP 45 (29 October 2021) Petitioner failed to prove material electoral irregularities or candidate disqualification; election confirmed and petition dismissed. Election law – burden and elevated standard of proof in election petitions; candidate qualification – name discrepancies, statutory declarations and deed polls; Declaration of Results (D.R.) forms – computational errors versus material falsification; electoral offences – bribery, intimidation, ballot stuffing and making wrong returns require independent corroboration and proof that affected results substantially; candidates’ agents’ right to representation and effect of COVID-19 measures on polling procedures.	29 October 2021
Mubiru v Kiviri and Another (Election Petition No. 3 of 2021) [2021] UGHCEP 43 (22 October 2021) Petitioner failed to prove substantial non‑compliance; court dismissed petition and ordered Electoral Commission to pay 40% of costs. Election law – burden of proof in election petitions – proof to satisfaction of court; competence of pleadings – expunged paragraphs cannot be relied upon; Declaration of Results forms – requirement for certified copies and barcodes; presiding officer identity and signature discrepancies – typographical/error vs. ineligibility; substantial effect test (quantitative and qualitative) for setting aside elections; costs discretion in election petitions.	22 October 2021
Nabakooba v Electoral Commission and Anor (Election Petition No. 1 of 2021) [2021] UGHCEP 33 (22 October 2021) Election annulled for proven bribery by the winner’s agents despite non-compliance being quantitatively insufficient to affect results. Election law – non-compliance with electoral procedures (unregistered voting, pre-signed DR forms, non-verification, biometric non-use, multiple voting) – substantial effect test; electoral offences – bribery by agents with candidate’s knowledge/consent – single proven illegal practice can annul an election; preliminary objections on affidavit commissioning and admissibility – overruled in interest of fair hearing.	22 October 2021
Mori Sidoro and Another v Abibu Buga Awad and Another (Election Petition No. 5 of 2021) [2021] UGHCEP 30 (20 October 2021) Variations in names and UNEB disclaimers do not, without cogent evidence, defeat a candidate’s A‑level qualification. Election law – qualification for LC V chairperson – proof of academic qualification and identity – UNEB verification letters disclaim identity – name variations and change of name formalities under Registration of Persons Act – affidavits in rejoinder and expunging defective affidavits.	20 October 2021
Ntende v Isabirye and 2 Others (Election Petition No. 13 of 2021) [2021] UGHCEP 34 (15 October 2021)	15 October 2021
Wamara v Electoral Commission and Another (Election Petition No. 30 of 2021) [2021] UGHCEP 25 (12 October 2021) Petitioner failed to prove electoral malpractices or substantial effect; election declared free and fair and petition dismissed. Electoral law — burden and standard of proof in election petitions; electoral violence and intimidation; ballot stuffing and multiple voting; evidence required to prove ineligible or deceased persons voted; effect of signed Declaration of Results forms; substantial effect test for setting aside elections.	12 October 2021
Leku Pilli v Anyama (Election Petition No. 4 of 2021) [2021] UGHCEP 24 (8 October 2021) Challenge to election based on absence of PLE fails; UACE certificate and UNEB permission validated, petition dismissed. Electoral law – candidate qualifications – interpretation of Education Act Section 10; UNEB authority to permit examination candidates without PLE; locus standi and name‑change discrepancies; limits of election petitions versus judicial review.	8 October 2021
Byakatonda v Kamihingo and Another (Election Petition No. 12 of 2021) [2021] UGHCEP 37 (4 October 2021) Challenge to nominee’s residence and voter registration failed; court found respondent validly nominated and elected. Election law – candidate qualification – ordinary residence and voter registration under S.111(4) Local Government Act; pre-polling complaints and Electoral Commission jurisdiction; timeliness of election petitions; evidentiary value of certified polling registers.	4 October 2021