Waira James Kyewalabye Majegere Sitingo I v Kubeketerya James and Another (Election Petition Appeal No. 78 of 2021)
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Facts
The appellant and the first respondent, among others, contested the Member of Parliament seat for Bunya East Constituency in the January 2021 general elections. After tallying at Mayuge District Headquarters, the Electoral Commission's Returning Officer declared the first respondent the winner with 14,086 votes against the appellant's 10,402 votes, a margin of 3,684 votes. However, the results published in the Uganda Gazette of 17 February 2021 indicated the appellant obtained 16,641 votes and the first respondent 10,250 votes. The appellant filed Election Petition No. 005 of 2021 in the High Court at Jinja seeking to set aside the results, alleging non-compliance with electoral laws including unfairness, lack of freedom and transparency, intimidation, violence, falsification of results, and illegal practices under the Parliamentary Elections Act committed by the first respondent. The High Court dismissed the petition with costs and declared the first respondent validly elected. The appellant appealed on sixteen grounds.
Issues
- Whether the Declaration of Results Forms, Tally Sheets and Return Forms had to be certified by the Electoral Commission under the Evidence Act before being admitted in evidence.
- Whether the trial judge erred in striking off the uncertified electoral documents from the record.
- Whether the appellant proved falsification of results affecting the election outcome in a substantial manner.
Legislation cited (4)
- Evidence Act s.73(a)(ii)
- Evidence Act s.75
- Evidence Act s.76
- Parliamentary Elections Act