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Kananura v Independent Electoral Commission and Another (Election Petition No.100 of 2016)

Court of Appeal · [2017] UGCA 169 · 2017 Appeal Allowed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Appeal from the dismissal of an election petition by the High Court
Decision
Election of the 2nd respondent set aside; Electoral Commission ordered to conduct fresh elections for Chairperson LCIII, Kabatoro Town Council

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Holding

The Court of Appeal held that the 2nd respondent was not validly nominated because his nomination paper did not contain the mandatory list of twenty registered voters from each electoral area required by Section 111(4)(f) of the Local Governments Act. Three named supporters were not registered voters and one illiterate person's name was forged onto the list without his consent, leaving the nomination at least four supporters short. As lack of qualification for nomination is a ground for setting aside an election under Section 139(d) of the Act, the election was annulled. Having resolved the nomination issue, the Court declined to consider the remaining grounds, allowed the appeal and ordered fresh elections.

Facts

The appellant, the 2nd respondent and a third candidate contested the post of Chairperson LCIII for Lake Kabatoro Town Council, Kasese District, in the 2016 General Elections held on 9 March 2016. The 1st respondent (Electoral Commission) organised the election and declared and gazetted the 2nd respondent the winner. The appellant petitioned the High Court seeking to annul the 2nd respondent's election; that petition was dismissed, prompting this appeal. The appellant challenged the 2nd respondent's nomination, contending it did not comply with Section 111(4)(e) and (f) of the Local Governments Act because it lacked the required list of twenty registered voters per electoral area. Evidence showed three named supporters were not registered voters, and that one illiterate person, Kamabu Masika, had his name placed on the supporters' list without his consent or authority. The 2nd respondent explained that supporters used National Identity Cards under purported Electoral Commission guidelines, but no such guidelines were proved.

Issues

  1. Whether the trial Judge erred in refusing to consider supplementary affidavits filed by the appellant.
  2. Whether the 2nd respondent was validly nominated in accordance with Section 111(4)(e) and (f) of the Local Governments Act.
  3. Whether there was non-compliance with the electoral laws that affected the result in a substantial manner.
  4. Whether the 2nd respondent or his agents committed electoral offences or illegal practices.
  5. Whether the trial Judge erred in failing to distinguish between illegal practices/electoral offences and other non-compliance with electoral laws.

Orders

  • Appeal allowed.
  • Judgment and orders of the lower court quashed and set aside.
  • The 1st respondent (Electoral Commission) ordered to conduct fresh elections for the post of Local Council III Chairperson, Kabatoro Town Council.
  • Costs of the appeal and of the court below awarded to the appellant jointly and/or severally against the respondents.

Key headnotes

Local Government Elections — Nomination — Mandatory Requirement of Twenty Registered Voters
A candidate for chairperson of a local council must attach to the nomination paper a list of twenty registered voters from each electoral area, each with name, signature, physical address and voter registration number; failure to meet this mandatory requirement under Section 111(4)(f) of the Local Governments Act means the candidate is not validly nominated.
Local Government Elections — Grounds for Setting Aside Election — Disqualification from Nomination
Where a candidate was not qualified or was disqualified from election at the time of election, the election may be set aside under Section 139(d) of the Local Governments Act, and a candidate cannot validly win an election he was never qualified to participate in.
Local Government Elections — Electoral Commission Guidelines — Subordination to Statute
The Electoral Commission has no power to alter the statutory requirements for nomination by issuing guidelines; a requirement that supporters be registered voters with stated voter registration numbers cannot be displaced by administrative guidelines permitting use of National Identity Cards.
Burden of Proof — Challenge to Signature on Nomination Paper
Where a nomination form on the court record bears apparent signatures of the requisite proposers, the burden lies on the petitioner alleging that a proposer did not sign to adduce evidence, for example from the proposer, demonstrating that the signature is not genuine.
First Appeal — Duty to Re-appraise Evidence
On a first appeal the court has a duty under Rule 30(1)(a) of the Court of Appeal Rules to re-appraise the evidence and draw its own inferences of fact, while making due allowance for the fact that it neither saw nor heard the witnesses.

Legislation cited (7)

  • Local Governments Act s.111(4)(e)
  • Local Governments Act s.111(4)(f)
  • Local Governments Act s.139(a)
  • Local Governments Act s.139(d)
  • Local Governments Act ss.147-159
  • Illiterates Protection Act s.2
  • Rules of the Court of Appeal Rule 30(1)(a)

Cases cited (1)

  • Begumisa and Others v Tibebaga (Civil Appeal No. 17 of 2002)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.