Grace Nalubega v Juliet K. Suubi Kinyamatama and Another (Election Petition Appeal No. 27 of 2021)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court of Appeal dismissed the appeal, holding that complaints concerning a candidate's nomination and voter registration status are pre-polling matters that must, as a matter of course, be submitted to the Electoral Commission under Article 61(1)(f) of the Constitution and section 15 of the Electoral Commission Act. An election petition under section 61(1)(d) of the Parliamentary Elections Act is available only where the petitioner had no knowledge, and could not with reasonable diligence have obtained knowledge, of the defect at nomination. As the appellant showed no such evidence, she was estopped from raising the nomination complaint after losing the election, and her petition was wrongly lodged under section 61(1)(a) and (d).

Outcome

Appeal dismissed; the First Respondent's election as District Woman Representative for Rakai District upheld

Facts

The Appellant, First Respondent and three others contested the January 2021 general election for District Woman Representative for Rakai District. The First Respondent won with 30,253 votes; the Appellant came second with 19,682. The First Respondent was nominated under the name Suubi Kinyamatama Juliet K, supported by academic certificates and a National Identity Card in the name Kobusingye Juliet, together with a Deed Poll, Gazette Notice and statutory declaration explaining that the names referred to the same person. After the result was gazetted, the Appellant filed an election petition contending that the First Respondent was not a registered voter within Article 80(1)(b) of the Constitution and section 4(1)(b) of the Parliamentary Elections Act because the name Suubi Kinyamatama Juliet K did not appear on the National Voters Register, which reflected only Kobusingye Juliet. The trial court dismissed the petition, holding the Appellant was estopped from raising nomination issues after the election. The Appellant appealed.

Issues

1. Whether a party's failure to challenge an opponent's nomination before the Electoral Commission under section 15 of the Electoral Commission Act bars it from challenging the nomination by way of an election petition under section 61(1)(a) and (d) of the Parliamentary Elections Act.
2. Whether the First Respondent was a registered voter and qualified for nomination and election under Article 80(1)(b) of the Constitution and section 4(1)(b) of the Parliamentary Elections Act.

Orders

• Appeal dismissed.
• Costs awarded to the Respondents in this Court and the court below.

Rules and key headnotes

Legislation cited (18)

• Constitution of Uganda Article 61(1)(f)
• Constitution of Uganda Article 64(1)
• Constitution of Uganda Article 80(1)(b)
• Constitution of Uganda Article 86(1)
• Parliamentary Elections Act 2005 s.4(1)
• Parliamentary Elections Act 2005 s.4(2)
• Parliamentary Elections Act 2005 s.15(a)
• Parliamentary Elections Act 2005 s.15(b)
• Parliamentary Elections Act 2005 s.61(1)(a)
• Parliamentary Elections Act 2005 s.61(1)(d)
• Parliamentary Elections Act 2005 s.61(3)
• Electoral Commission Act Cap.140 s.15(1)
• Electoral Commission Act Cap.140 s.15(2)
• Parliamentary Elections (Interim Provisions) Rules S.1141-2 r.27
• Parliamentary Elections (Interim Provisions) Rules S.1141-2 r.36
• Judicature (Court of Appeal Rules) Directions S.113-10 r.2(2)
• Judicature (Court of Appeal Rules) Directions S.113-10 r.30(1)
• Civil Procedure Act s.27

Cases cited (14)

• Banco Arab Espanol v Bank of Uganda (Civil Appeal No. 8 of 1998)
• Achieng Sarah Opendi & Another v Ochwo Nyakecho Keziah (Election Petition Appeal No. 39 of 2011)
• Father Nasensio Begumisa & Others v Eric Tibebaga (Civil Appeal No. 17 of 2002)
• Kiiza Besigye v Yoweri Kaguta Museveni & Another (Election Petition No. 1 of 2001)
• Nanziri Kase Mubanda v Mary Babirye Kabanda (Election Petition Appeal No. 38 of 2016)
• Durga Shankar Mehta v Thakur Raghuraj Singh & Others, 1954 AIR 520
• Sitenda Sebalu v Sam Njuba & Another (Election Petition Appeal No. 26 of 2007)
• Fred Zzimula Kasirye v Francis Kibuuka Bazigatirawo Amooti (Election Petition Appeal No. 6 of 2020)
• Akol Hellen Odeke v Okodel Umar (Election Petition Appeal No. 1 of 2018)
• Abdul Balingira Nakendo v Patrick Mwondha (Election Petition Appeal No. 9 of 2007)
• Jack Odur Lutanywa v Electoral Commission & Another (Election Petition Appeal No. 35 of 2021)
• James Michael Ongole v Electoral Commission & Another (Election Petition No. 8 of 2006)
• Winnie Byanyima v Ngoma Ngime (Civil Revision No. 9 of 2001)
• Giruli David Livingstone v Mulekwa Herbert & Another (Election Petition Appeal No. 76 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.