Wakilii

Akello v Electoral Commission Another (ELECTION PETITION NO 10 OF 2020)

High Court · [2020] UGHCCD 218 · 2020 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal by way of petition from Electoral Commission decision denominating petitioner as candidate for Bukedea Woman Member of Parliament
Decision
Petition dismissed as remedies sought were not tenable after declaration and gazetting of winner

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that while the petition was competently filed, the remedies sought became untenable after the Electoral Commission declared and gazetted a winner as unopposed candidate. Once a candidate is declared and gazetted, the proper remedy is a petition under sections 60 and 61 of the Parliamentary Elections Act challenging whether the person was validly elected, not an appeal from the Commission's denomination decision. The court cannot grant orders affecting the declared winner who is not party to the proceedings without violating natural justice principles under Articles 28(1) and 44(c) of the Constitution.

Outcome

Petition dismissed as remedies sought were not tenable after declaration and gazetting of winner

Facts

The petitioner, Akello Ketty, was denominated by the Electoral Commission as a candidate for Bukedea Woman Member of Parliament following a complaint by the 2nd respondent alleging that her proposer denied signing her nomination papers, her academic papers were forged, and her nomination was fraudulent. The Electoral Commission upheld the complaint and denominated her on 26 October 2020. The petitioner filed this appeal by way of petition on 2 November 2020. On 3 November 2020, the day after filing, the Electoral Commission declared and gazetted Hon. Among Anita Annet as the unopposed Woman Member of Parliament for Bukedea District. The declared winner was not made a party to the proceedings.

Issues

  1. Whether the petition is competently before this court?
  2. Whether the denomination of the petitioner was lawful?
  3. Whether the Orders sought under the petition are tenable?
  4. What remedies are available?

Orders

  • Petition dismissed.
  • No order as to costs.

Rules and key headnotes

Electoral Law — Appeals from Electoral Commission — Competency of Petition — Locus Standi
A person aggrieved by a decision of the Electoral Commission has locus standi to bring a petition under Article 64(1) of the Constitution and section 15(2) of the Electoral Commission Act, and the failure to add all necessary parties does not render the petition incompetent but affects the remedies the court may grant.
Electoral Law — Remedies — Distinct Remedies at Different Stages of Electoral Process
Electoral laws provide distinct remedies at every stage of the electoral process from nomination to declaration of results, and once the Electoral Commission has declared and gazetted a winner, the remedy of appeal from a denomination decision is no longer tenable and the proper remedy is a petition under sections 60 and 61 of the Parliamentary Elections Act challenging whether the person was validly elected.
Electoral Law — Declared Candidates — Status Change from Candidate to Elected Person
Once a candidate has been declared and gazetted as a winner by the Electoral Commission, that person ceases to be a candidate and becomes an elected person beyond the administrative reach of the Commission, and any complaint against such person must be brought by way of election petition under the Parliamentary Elections Act, not by appeal from the Commission's decision.
Constitutional Law — Natural Justice — Right to be Heard — Audi Alteram Partem
The court cannot grant orders that would nullify the election of a declared and gazetted winner who is not a party to the proceedings, as this would violate the constitutional principles of natural justice under Articles 28(1) and 44(c) of the Constitution which prohibit condemning a person unheard.
Administrative Law — Judicial Review — Limits of Judicial Power — Separation of Powers
The court cannot invoke inherent powers to grant remedies not provided for under electoral laws, as elections are governed by special legislation conferring special jurisdiction which must be exercised in accordance with the statute creating it, and the court cannot rewrite the law or create remedies where the legislature has not provided them.

Legislation cited (11)

Cases cited (3)

  • Carolyne Turyatemba and 4 Others v Attorney General (Constitutional Petition No. 15 of 2006)
  • Byanyima Winnie v Ngoma Ngime (HCCR No. 9 of 2009)
  • Kafeero Ssekitoleko Robert v Mugambe Joseph Kifomusana and Electoral Commission (HC-EP No. 006 of 2011)

Full judgment

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

Akello v Electoral Commission Another (ELECTION PETITION NO 10 OF 2020) 2020 UGHCCD 218 (1 December 2020)
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.