Akugizibwe v Muhumuza and 2 Others (Election Petition Appeal No. 52 of 2021)

Observed later treatment

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Holding

The Court held that the standard of proof in parliamentary election petitions is on a balance of probabilities under sections 61(1) and (3) of the Parliamentary Elections Act, 2005, distinguishing the higher standard applicable in presidential petitions; the trial Judge erred in applying a higher standard. It further held that non-compliance need not be linked to the winning candidate before assessing its effect. Nonetheless, the appellant's evidence, given by partisan and uncorroborated witnesses without contemporaneous DR-form records, failed to prove ballot stuffing, intimidation, or bribery even on a balance of probabilities. The appeal was dismissed, but the certificate for three counsel was set aside as unjustified.

Outcome

Appeal dismissed and dismissal of the election petition upheld; certificate of three counsel set aside and substituted with costs for one advocate

Facts

The appellant and the 1st respondent contested the parliamentary election for Mwenge County North, Kyenjojo District, held on 25 January 2021. The Electoral Commission declared the 1st respondent the winner with 19,933 votes against the appellant's 17,754 votes, a difference of 2,179 votes. The appellant petitioned the High Court alleging non-compliance with electoral laws, including ballot stuffing, voter intimidation, prevention of eligible voters, multiple voting, and illegalities in handling ballot materials. He also alleged the 1st respondent committed electoral offences and illegal practices, including bribery, illegal donations, intimidation, violence, and sectarianism. His evidence rested on affidavits of witnesses, many of whom were his agents or supporters, and on complaint letters from presiding officers. The 1st respondent denied the allegations and asserted the election was free and fair. The trial Judge dismissed the petition, finding the allegations unproven and awarding costs with a certificate of three counsel. The appellant appealed.

Issues

1. What is the standard of proof applicable to parliamentary election petitions under the Parliamentary Elections Act, 2005.
2. Whether the appellant proved non-compliance with electoral laws sufficient to substantially affect the election result.
3. Whether non-compliance must be attributed to the winning candidate before assessing its effect on the election.
4. Whether the appellant proved commission of illegal practices or electoral offences (bribery and illegal donations) by the 1st respondent.
5. Whether the trial Judge properly exercised her discretion in awarding costs with a certificate of three counsel.

Orders

• The appeal substantially fails and is dismissed with costs to the respondents.
• The trial Judge's order on costs of the petition in respect of the 1st respondent is set aside.
• Substituted with an order for the 1st respondent to be granted costs of the petition for one advocate.

Rules and key headnotes

Legislation cited (11)

• Parliamentary Elections Act 2005 s.61(1)(a)
• Parliamentary Elections Act 2005 s.61(1)
• Parliamentary Elections Act 2005 s.61(3)
• Parliamentary Elections Act 2005 s.68
• Parliamentary Elections Act 2005 s.68(2)
• Parliamentary Elections Act 2005 s.68(7)
• Presidential Elections Act 2005 s.59(6)
• Evidence Act Cap.6 s.133
• Judicature (Court of Appeal Rules) S.I 13-10 r.30(1)(a)
• Advocates (Remuneration and Taxation of Costs) Rules S.I 267-4 r.41
• Parliamentary Elections (Interim Provisions) (Election Petitions) Rules S.I 141-2 r.27

Cases cited (21)

• Mukasa Anthony Harris v Dr Bayiga Michael Philip (Election Petition Appeal No. 18 of 2007)
• Hashim Sulaiman v Onega Robert (Election Petition Appeal No. 01 of 2021)
• Paul Mwiru v Igeme Nabeta (Election Appeal No. 06 of 2011)
• Oddo Tayebwa v Nasser Basajjabalaba (Election Appeal No. 013 of 2011)
• Amama Mbabazi v Yoweri Museveni (Presidential Election Petition No. 1 of 2016)
• Nakate Lilian Segujja and Another v Nabukenya Brenda (Consolidated Election Petition Appeals Nos. 17 and 21 of 2016)
• Betty Muzanira v Masiko Winnifred and Others (Election Appeal No. 65 of 2016)
• Epetait Francis v Dr Ismail Abrahama (Election Petition Appeal No. 12 of 2011)
• Toolit v Oulanyah (Election Petition Appeal No. 19 of 2011)
• Kyamadidi v Ngabirano and Others (Election Petition Appeal No. 84 of 2016)
• Besigye v Museveni (Presidential Election Petition No. 1 of 2001)
• Mbabazi v Museveni (Presidential Election Petition No. 1 of 2016)
• Besigye v Museveni (Presidential Election Petition No. 1 of 2006)
• Kamba v Namuyangu (Election Petition Appeal No. 27 of 2011)
• Mutembuli v Nagwomu (Election Petition Appeal No. 43 of 2016)
• Kifamunte v Uganda (Criminal Appeal No. 10 of 1997)
• Bakaluba v Nambooze (Election Appeal No. 04 of 2009)
• Armagas Limited v Mundogas S.A. [1984] EWCA Civ J1018-2
• Karanja Kabage vs. Joseph Kiuna Kariambegu Nganga and 2 Others (no citation offered)
• Pollok House Ltd v Nairobi Wholesalers Ltd (No. 2) [1972] 1 EA 172
• Akugizibwe Lawrence v Muhumuza David and 2 Others (Election Petition Appeal No. 22 of 2016)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Walukaga Mathias v Electoral Commission and Another (Election Petition Appeal No 10 of 2025)

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