Wakilii

Alupo Mercy Marion and Another v Electoral Commission (Pre- Election Petition No. 3 of 2025)

High Court · [2026] UGHCCD 7 · 2026 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Pre-election petition appeal from Electoral Commission decision upholding deletion of petitioners' names from voters' register
Decision
Petition dismissed; petitioners' names remain deleted from voters' register; petitioners may reapply during next update period

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed a pre-election petition challenging the Electoral Commission's decision to delete petitioners' names from the voters' register. The court held that the Electoral Commission properly invited petitioners to review proceedings and gave them an opportunity to challenge the parish tribunals' recommendations. The court refused to admit fresh evidence on appeal that was not presented to the Commission. The court further held that reinstating voters after closure of the register would disrupt constitutional electoral timelines and interfere with the integrity of the electoral process.

Outcome

Petition dismissed; petitioners' names remain deleted from voters' register; petitioners may reapply during next update period

Facts

The Electoral Commission published a voter register update period from 20 January to 17 February 2024. The petitioners applied to transfer their voter registration to Kototut Parish and Kopeta Parish in Bukedea District on grounds of residence. Their transfers were confirmed on 26 June 2025. In May 2025, objections were lodged before parish tribunals challenging the petitioners' inclusion on the voters' roll. The tribunals recommended deletion of their names on account of origin and residence. On 30 September 2025, the Electoral Commission invited the petitioners to review proceedings on 2 October 2025. The Commission upheld the tribunals' recommendations and deleted the petitioners' names from the register. The petitioners filed a pre-election petition challenging this decision, arguing they were not given proper notice or opportunity to be heard.

Issues

  1. Whether the Petition sets out sufficient grounds for the reinstatement of the Petitioners on the National Voter Register.

Orders

  • Petition dismissed.
  • No order as to costs on grounds of public interest.

Rules and key headnotes

Electoral Law — Pre-Election Petitions — Appellate Jurisdiction of High Court
In an appeal from a decision of the Electoral Commission arising from determination of a pre-polling complaint, the High Court exercises appellate jurisdiction extending to determination of whether the decision of the Electoral Commission was justified in law and on the evidence before the Commission, not unlimited original jurisdiction as in post-election petitions.
Electoral Law — Voter Registration — Fresh Evidence on Appeal
A party cannot produce new evidence at the appellate level without leave of court, which is granted only on the basis that the evidence was not reasonably available to the appellant at the time of the proceedings before the Electoral Commission.
Electoral Law — Voter Registration — Natural Justice and Review Proceedings
Where the Electoral Commission invites petitioners to review proceedings and advises them to attend with relevant documentation, and the petitioners fail to present contrary evidence challenging parish tribunal recommendations, the Commission is justified in upholding the tribunals' decisions to delete voters from the register.
Electoral Law — Voter Registration — Integrity of Electoral Process and Closure of Register
Once the voters' register is closed following completion of the statutory update period, the register becomes succinct and should not be interfered with by adding voters, as such interference would disrupt constitutional timelines for electoral activities, impose unnecessary expenses on taxpayers, and compromise the integrity of the electoral process.

Legislation cited (10)

Cases cited (2)

Full judgment

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

Alupo Mercy Marion and Another v Electoral Commission (Pre- Election Petition No. 3 of 2025) [2026] UGHCCD 7 (7 January 2026)
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.