Mukasa v National Resistance Movement & Anor (Miscellaneous Cause No. 069 of 2015)
The full judgment
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Holding
Held that an applicant who stood as an independent candidate after picking nomination forms waived her membership in the political party and thereby lost locus standi to challenge the party's internal electoral decisions. Judicial review is not the appropriate remedy for internal party electoral disputes, which should be resolved through electoral laws. The application was also overtaken by events as the national nomination exercise had been completed. Application dismissed.
Facts
The applicant contested internal elections for the NRM party's flag bearer position for Chairperson Local Council V of Buikwe District. She petitioned the party's Electoral Commission, which ordered a re-election for 19 November 2015. The re-election did not take place and the second respondent was declared flag bearer. Before the scheduled re-election date, the applicant picked nomination forms to stand as an independent candidate. On 20 November 2015, both the applicant and the second respondent were nominated by the Independent Electoral Commission, the applicant as an independent candidate. The applicant then sought judicial review to quash the party's decision to name the second respondent as flag bearer and to compel a re-election.
Issues
- Whether the applicant has locus standi to bring judicial review proceedings against a political party after standing as an independent candidate.
- Whether judicial review is the appropriate remedy for disputes arising from internal political party electoral processes.
- Whether the application is moot having been overtaken by completion of the national nomination exercise.
- Whether defects in the supporting affidavit render it inadmissible.
Orders
- Application dismissed.
- Costs awarded to the respondents.
Key headnotes
Legislation cited (2)
- Local Governments Act s.139
- Oaths Act s.6
Cases cited (6)
- Julius Maganda v National Resistance Movement (Miscellaneous Application No. 154 of 2010)
- Simon Tendo Kagenge Vrs. ULS & Sebatindira
- Prof. Ephraim Kamuntu v National Resistance Movement & Others (Election Petition No. 45 of 2012)
- Schmidt & another Vrs. Secretary for Home Affairs (1969)2 Chancery 149
- Fredrick Kato v Ann Njoki (Divorce Cause No. 10 of 2007)
- Saggu Vrs. Roadmaster Cycles (U) Ltd (2002) EA 258