Wakilii

Aggrey Awori Siryoyi v. Kevina Taaka Wanaha Wandera (HCT-04-CV-EP-0019-2011)

High Court · [2011] UGHC 90 · 2011 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging the results of the 2011 Parliamentary elections for Busia Municipality constituency
Decision
Election petition dismissed; election of the 1st respondent upheld.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held: The petition was dismissed. The affidavits filed in reply were competent as they answered specific allegations in the petition and did not constitute a cross-petition. The 1st respondent possessed the requisite academic qualifications at nomination; discrepancies in name spelling were satisfactorily explained and verified by UNEB. The petitioner failed to prove on a balance of probabilities that the 1st respondent committed bribery or made unlawful donations or defamatory statements. The Electoral Commission properly cancelled results at five polling stations where there was non-compliance with electoral law, including vote inflation and missing declaration forms. The cancellation did not affect the election result in a substantial manner.

Outcome

Election petition dismissed; election of the 1st respondent upheld.

Facts

On 18 February 2011, the Electoral Commission conducted elections for Member of Parliament for Busia Municipality constituency. The petitioner and the 1st respondent were candidates. The Electoral Commission declared the 1st respondent the winner and she was sworn in as MP. The petitioner filed a petition alleging that the 1st respondent did not possess the requisite academic qualifications, committed electoral offences including bribery and making defamatory statements, and that the Electoral Commission improperly cancelled results from five polling stations. The 1st respondent denied all allegations and contended that the cancellation affected her more than the petitioner as she was leading at the cancelled stations. The petitioner alleged that a youth group called Kundusi, associated with the petitioner, caused chaos at some polling stations.

Issues

  1. Whether certain affidavits in reply to the petition were competent.
  2. Whether the 1st respondent was qualified to be nominated to stand as member of parliament.
  3. Whether the 1st respondent committed electoral offences contrary to sections 68 and 73 of the Parliamentary Elections Act personally, or by her agents with her knowledge and consent or approval.
  4. Whether the 2nd respondent conducted the elections in accordance with the law, in so far as it cancelled the results of 5 polling stations.
  5. Whether the non-compliance with the law by the 2nd respondent, if any, affected the results of the election in a substantial manner.

Orders

  • Petition dismissed.
  • Costs awarded to the respondents.
  • Certificate of two counsel awarded to the 1st respondent.

Rules and key headnotes

Election Petitions — Reply to Petition — Competence of Affidavits in Reply
An affidavit in reply to an election petition is competent if it answers specific allegations raised in the petition or in affidavits supporting the petition. A respondent's affidavit becomes incompetent and amounts to an improper cross-petition only if it seeks to defeat the petition by raising new matters concerning the petitioner that are unrelated to the allegations in the petition.
Nomination for Parliament — Academic Qualifications — Discrepancies in Name Spelling
Minor discrepancies in the spelling of a candidate's name on academic certificates do not disqualify the candidate if the discrepancies are satisfactorily explained and the certificates are verified by the issuing authority (UNEB). A woman's assumption of her husband's name upon marriage occurs by operation of law and does not require formal name change procedures.
Bribery and Illegal Practices — Standard of Proof — Corroboration
An allegation of bribery or an illegal electoral practice should not be taken as proved to the satisfaction of the court by the evidence of a single witness to the act, even if that witness allegedly received the bribe, unless there exist compelling and aggravating circumstances. Courts require testimony backed by other or independent testimony because a single act of bribery is capable of vitiating an election.
Bribery — Essential Elements
To establish the illegal practice of bribery contrary to section 68(1) of the Parliamentary Elections Act, the following must be proved on a balance of probabilities: (a) that money or a gift was given to a voter; (b) that the money or gift was given by a candidate or the candidate's agent; (c) that the money or gift was given to induce the person to vote for the candidate or to refrain from voting for another.
Bribery — Gift to Non-Voter
A gift or money given to a person who is not a registered voter does not constitute bribery under the Parliamentary Elections Act. For a gift or money to qualify as a bribe, it must have been given to a registered voter.
Electoral Commission Powers — Independence — Cancellation of Results
The Electoral Commission has constitutional and statutory independence to take corrective measures during the electoral process without the direction or control of any person or authority. Where votes have been inflated to numbers that exceed registered voters at a polling station, the Electoral Commission may cancel the results at that polling station as an immediate corrective measure to ensure fairness and transparency. The Commission is not required to first consult the parties or seek advice before taking such action.
Non-Compliance with Electoral Law — Substantial Effect on Result
To set aside an election on grounds of non-compliance with electoral law, the court must find that the non-compliance affected the result of the election in a substantial manner. The effect must be calculated to really influence the result in a significant manner. The court must evaluate the whole process of election, assess the degree of the effect, and be satisfied on cogent evidence (direct or circumstantial) that the effect on the result was substantial. Numbers are relevant in making this assessment.

Legislation cited (12)

Cases cited (7)

  • Rt. Col. Dr. Besigye Kiiza v Yoweri Kaguta Museveni & The Electoral Commission (Election Petition No. 1 of 2001)
  • Ngoma Ngime v The Electoral Commission and Winnie Byanyima (Election Petition No. 11 of 2002)
  • Engineer Katwiremu v Mushemeza & Others (Election Petition No. 1 of 1996)
  • Dr. Lulume Mwesigye Francis v Returning Officer & Kakuru John (Election Petition No. 002 of 2002)
  • Kirunda Kivejinja Ali v Abdu Katuntu & EC (Election Petition Appeal No. 24 of 2006)
  • Serunjogi James Mukiibi v Lule Umar Mawiya (Election Petition Appeal No. 15 of 2006)
  • Nabutala Nabisi & another v Mumia Michael & EC (Election Petitions Nos. 1 and 7 of 2001)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Aggrey Awori Siryoyi Vs. Kevina Taaka Wanaha Wandera (HCT-04-CV-EP-0019-2011) [2011] UGHC 90 (11 July 2011)
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.