Wakilii

Iriama v Anyakun and Anor (HCT-00-CV-EP 4 of 2016)

High Court · [2016] UGHCEP 32 · 2016 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Parliamentary election petition challenging results of Woman Member of Parliament election for Nakapiripirit district
Decision
First Respondent's election as Woman Member of Parliament for Nakapiripirit district upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the election petition challenging the Woman MP election for Nakapiripirit. While the Electoral Commission failed to properly account for unused ballot papers at many polling stations, the petitioner did not prove that this non-compliance affected the result in a substantial manner. Allegations of bribery were not proved to the required standard, and most declaration forms were properly signed by polling agents without complaint.

Outcome

First Respondent's election as Woman Member of Parliament for Nakapiripirit district upheld

Facts

The petitioner, Iriama Rose Narotha, challenged the election of Anyakun Esther Davinia as Woman Member of Parliament for Nakapiripirit district held on 18 February 2016. The first respondent won by 1,631 votes and had been sworn in. The petitioner alleged electoral law violations including: unaccounted ballot papers at 36 polling stations with discrepancies as high as 297 unused ballots; presiding officers failing to sign declaration forms; agents being prevented from signing or having their signatures forged; insufficient lighting during vote counting; and bribery through distribution of local brew, soda and chapatti by the first respondent's agents. The petitioner sought declarations of non-compliance, illegal practices, and annulment of the election. The respondents defended that the election was conducted lawfully and that no bribery occurred.

Issues

  1. Whether the election was conducted in non-compliance with the electoral laws, that is, the 1995 Constitution, the Electoral Commission Act and the Parliamentary Election Act
  2. If so, whether the non-compliance affected the results in a substantial manner
  3. Whether the 1st Respondent committed the illegal acts/offences in connection with the election either personally or through her agents with her knowledge, consent or approval
  4. Whether the Petitioner is entitled to the remedies sought

Orders

  • Petition dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Election Petitions — Burden and Standard of Proof
In a parliamentary election petition, the petitioner bears the burden of proving to the satisfaction of the court the grounds on which the election should be nullified, and the standard of proof is on a balance of probabilities.
Electoral Offences — Bribery — Elements to be Proved
To establish the offence of bribery in elections, a petitioner must prove that a gift was given to a voter, that the gift was given by a candidate or their agent, and that it was given with the intention of inducing the person to vote for the candidate.
Corroboration — Necessity for Partisan Witnesses in Election Petitions
Where partisan witnesses in election matters have a tendency to exaggerate claims about what might have happened during elections, it is necessary to look for evidence from an independent source to confirm the truthfulness of the allegation.
Assistance to Voters — Prohibition on Agents Assisting Voters
An election officer, an agent of a candidate or an observer at any polling station is not permitted to assist any voter impaired by illiteracy, blindness, old age or any other disability under the Parliamentary Elections Act. Such a voter may only be assisted by a family member or any other person of their choice.
Non-Compliance — Substantial Effect on Results
To determine whether non-compliance with electoral laws affected the results in a substantial manner, the court must evaluate the whole process of election to determine how it affected the results and then assess the degree of the effect.
Declaration of Results Forms — Evidentiary Value When Signed Without Complaint
Where declaration of results forms were signed by polling agents without complaints being recorded, the results therein should, in the absence of proof that the figures entered were false, be relied upon as the true reflection of the people's choice.
Electoral Irregularities — Mistakes by Presiding Officers
Presiding officers working in a charged environment from early morning through to vote counting are bound to make mistakes, but such mistakes may not be so grave as to affect the general result of the election in a substantial manner.

Legislation cited (4)

Cases cited (9)

  • Besigye v Museveni (Election Petition No. 1 of 2006)
  • Mbowe v Elu Foo [1967] EA 240
  • Zziwa v Nabagesera (Civil Appeal No. 39 of 1997)
  • Opendi v Ochwo Nyakecho (Election Petition Appeal No. 39 of 2011)
  • Besigye v Museveni (Election Petition No. 1 of 2001)
  • Wadada v Sasaga (Election Petition No. 31 of 2011)
  • Mbabazi v Musinguzi Garuga (Election Petition Appeal No. 12 of 2002)
  • Ngoma Ngime v Electoral Commission (Election Petition No. 11 of 2002)
  • Mbaghadi Nkayi v Nabwiso (Election Appeal No. 14 and 16 of 2011)

Full judgment

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

Iriama v Anyakun and Anor (HCT-00-CV-EP 4 of 2016) [2016] UGHCEP 32 (25 July 2016)
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.