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Kabakumba v Kiiza and Anor (Election Petition No. 2 of 2016)

High Court · [2016] UGHCEP 60 · 2016 Petition Granted — Election Set Aside AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging the validity of parliamentary elections held on 18 February 2016 for Masindi Municipality Constituency
Decision
Parliamentary seat for Masindi Municipality declared vacant. 2nd Respondent directed to conduct fresh elections.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court allowed the election petition and declared the 1st Respondent's election as Member of Parliament for Masindi Municipality invalid. The court held that the petitioner proved multiple acts of electoral bribery committed by the 1st Respondent and his agents, including the construction of wells inscribed with the 1st Respondent's name and distribution of money to voters during the campaign period. The court found these illegal practices were widespread and calculated to influence the election outcome. The Parliamentary seat was declared vacant and fresh elections were ordered.

Outcome

Parliamentary seat for Masindi Municipality declared vacant. 2nd Respondent directed to conduct fresh elections.

Facts

Kabakumba Labwoni Masiko and Ernest Kiiza contested the parliamentary election in Masindi Municipality Constituency held on 18 February 2016. The Electoral Commission declared Kiiza winner with 14,125 votes against Kabakumba's 9,076 votes. Kabakumba filed a petition alleging Kiiza and his agents committed electoral offences including voter bribery through construction of wells inscribed with Kiiza's name, distribution of money, football jerseys, salt, and other items to voters. She also alleged the Electoral Commission failed to conduct the elections in compliance with electoral laws and principles. The petition was supported by 39 affidavits from the petitioner and witnesses. Both respondents opposed the petition and filed answering affidavits.

Issues

  1. Whether the 1st Respondent, directly or indirectly through his agents, committed any illegal practice or electoral offence under the parliamentary elections law either personally or through his agents and with his consent and approval.
  2. Whether the election for MP for Masindi Municipality was conducted with non-compliance with the provisions of the Parliamentary Elections Act.
  3. Whether the non-compliance if any affected the results of the election in a substantial manner.
  4. What remedies are available to the Parties.

Orders

  • Petition allowed.
  • The process of conducting the elections for Masindi Municipality contravened the provisions and principles of National Electoral laws.
  • The 1st Respondent was not validly elected as Member of Parliament for Masindi Municipality and the Parliamentary seat for Masindi Municipality is declared vacant pursuant to s.63(6)(b)(i) Parliamentary Elections Act.
  • The 2nd Respondent is directed to organize and conduct fresh elections in the Masindi Municipality constituency as prescribed by law in sections 61(2) and 63 of the Parliamentary Elections Act.
  • Costs awarded to the Petitioner against the 1st Respondent.
  • The 2nd Respondent to bear his own costs.

Rules and key headnotes

Electoral Offences — Bribery — Burden and Standard of Proof
In parliamentary election petitions, the burden of proof lies on the petitioner who must prove every allegation to the satisfaction of the court. The standard of proof is on the balance of probabilities, slightly higher than in ordinary civil matters but lower than proof beyond reasonable doubt applicable to presidential elections.
Electoral Offences — Agency in Elections — Principles
The general principles of the law of agency apply to elections. A candidate is responsible for all misdeeds of his agents committed within the scope of authority even if done against the candidate's express directions. Agency may be established by actual employment or by recognition and acceptance of services. To prove agency, it is not necessary to show that the person was actually appointed by the candidate or that he was paid.
Electoral Offences — Bribery — Construction of Wells During Election Period
The construction or funding of construction of wells by a candidate during the election period with inscriptions bearing the candidate's name constitutes an illegal practice of bribery under the Parliamentary Elections Act, particularly when calculated to induce voters by providing a community benefit such as safe water.
Electoral Offences — Bribery — Single Act Sufficient to Set Aside Election
Proof of a single act of bribery, when proved to the satisfaction of the court, is sufficient ground to set aside the election of a candidate as a Member of Parliament under section 61 of the Parliamentary Elections Act.
Documentary Evidence — Illegally Filed Documents — Article 126(2)(e) Not a Magical Wand
Article 126(2)(e) of the Constitution, which enjoins courts not to stick to technicalities, is subject to the law and does not permit courts to condone illegally filed documents. Courts may only relax rules for documents that have been regularly filed. An illegality overrules all forms of pleadings and can be brought up at any stage of trial.
Contradictions and Inconsistencies — Test for Affecting Credibility
Only major contradictions and inconsistencies that go to the root of a matter affect the credibility of a witness and warrant rejection of evidence. Minor contradictions and inconsistencies can be ignored by the court.
Defamation as Electoral Offence — Requirement to State Actual Words
In an allegation of defamation as an electoral offence under section 73 of the Parliamentary Elections Act, the actual defamatory words complained of must be specifically stated to enable the court to determine whether they were actually defamatory. Translation into another language is permissible provided it conveys the same meaning, but failure to extract the exact words into the petition renders proof difficult.

Legislation cited (17)

Cases cited (16)

  • Nambooze Betty Bakireke v Bakaluba Peter Mukasa and Another (High Court Election Petition No. 14 of 2006)
  • John Patrick Amama Mbabazi v Yoweri Kaguta Museveni and Electoral Commission (Supreme Court Election Petition No. 1 of 2016)
  • Makula International v Cardinal Emmanuel Nsubuga [1982] HCB 11
  • Kasirye Byaruhanga & Co. Advocates vs. UTEX
  • Interfreight Forwarders v EADB (Supreme Court Civil Appeal No. 33 of 1992)
  • Fang Min v Belex Tours & Travel Ltd (Supreme Court Civil Appeal No. 6113)
  • Col. Rtd. Dr. Kiiza Besigye v Electoral Commission and Y.K. Museveni (Election Petition No. 1 of 2001)
  • Amama Mbabazi v James Garuga Musinguzi (Election Petition Appeal No. 12 of 2002)
  • Matsiko Winfred Komuhangi v Babihuga J Winnie (Election Petition Appeal No. 9 of 2006)
  • Bakaluba Peter Mukasa v Nambooze Betty Bakireke (Election Petition Appeal No. 4 of 2009)
  • Ochieng Peter Patrick v Mayende Stephen Dede and Another (Election Petition No. 15 of 2011)
  • Byamukama K. James v Kaija William and Another (Election Petition No. 9 of 2001)
  • Fred Badda and Another v Prof. Muyanda Mutebi (Election Petition Appeal No. 25 of 2006)
  • Paul Mwiru v Igeme Nabeta and 2 Others (High Court Election Petition No. 3 of 2011)
  • Mukasa Anthony Harris v Dr. Bayiga Michael Phillip Lulume (Supreme Court Civil Appeal No. 18 of 2007)
  • Paul Mwiru v Igeme Nathan Nabeta Samson and 2 Others (Election Petition Appeal No. 6 of 2011)

Full judgment

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Kabakumba v Kiiza and Anor (Election Petition No. 2 of 2016) [2016] UGHCEP 60 (20 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.