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Kamba Michael Bhamusangala v Alex Asiimwe and Others (Miscellaneous Application 881 of 2025)

High Court · [2025] UGHCCD 223 · 2025 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim order to stay nomination exercise for Workers' Members of Parliament pending determination of main application and cause
Decision
Application for interim order dismissed on public policy grounds; compensatory damages awarded for violation of right to information; related applications to be withdrawn

Observed later treatment

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Holding

The court declined to grant an interim order staying the nomination of Workers' Members of Parliament on public policy grounds, as the nomination exercise had already concluded. However, the court found that the Electoral Commission failed to display the Workers' National Voters Register as required by law and violated the applicant's right to information. The court awarded compensatory damages of UGX 50,000,000 to the applicant and directed withdrawal of the related applications.

Outcome

Application for interim order dismissed on public policy grounds; compensatory damages awarded for violation of right to information; related applications to be withdrawn

Facts

The applicant sought an interim order to stay the nomination exercise for Workers' Members of Parliament, alleging that the Electoral Commission (4th Respondent) failed to display the Workers' National Voters Register as required by law. The Electoral Commission had displayed registers for other Special Interest Groups (Youths, Persons with Disabilities, Older Persons) between 25 April and 8 May 2025, but omitted the Workers' register. The 1st and 2nd Respondents (Commissioner and Assistant Commissioner for Labour) confirmed they had submitted the list of registered labour unions to the Electoral Commission and that the duty to display the register rested with the Electoral Commission under Section 15(3) of the Parliamentary Elections Act. The Electoral Commission only requested the list on 18 June 2025, well after the display period ended, and received it on 3 September 2025. The applicant also sought the list directly from the Electoral Commission on 3 October 2025 but received no response. By the time of the hearing, nominations had already closed on 23 October 2025.

Issues

  1. Whether there is a pending application to be determined?
  2. Whether the pending applications have a likelihood of success?
  3. Whether the Applicant is entitled to the orders sought?
  4. Whether the Electoral Commission fulfilled its statutory duty to display the Workers' National Voters Register for Special Interest Groups?
  5. Whether the applicant's right to information under the Access to Information Act was violated?

Orders

  • A sum of UGX 50,000,000 is decreed to the Applicant to assuage his grievances and enable him recoup losses incurred in pursuing the right to have the workers register displayed.
  • The above sum shall be payable by the 4th Respondent (Electoral Commission).
  • The above sum shall attract interest of 8% from date of judgment until payment in full.
  • The Applicant is directed to withdraw Miscellaneous Application 0879/2025 for temporary injunction and main case Miscellaneous Cause 0291/2025.
  • Costs are awarded to the Applicant.

Rules and key headnotes

Electoral Law — Special Interest Groups — Workers' Voters Register — Duty to Display
The Electoral Commission has a statutory duty under Section 15(3) of the Parliamentary Elections Act to display the Workers' National Voters Register for public verification, in the same manner as it displays registers for other Special Interest Groups.
Administrative Law — Public Bodies — Division of Responsibilities — Electoral Register
The duty to compile, keep, and display the National Voters Register for Workers lies with the Electoral Commission, not with the Ministry of Gender, Labour and Social Development, whose role is limited to forwarding a list of registered labour unions under Section 15(3) of the Parliamentary Elections Act.
Human Rights — Right to Information — Access to Information Act — Failure to Respond
A public body's failure to respond to a citizen's written request for information held by the state constitutes a violation of the right to information under the Access to Information Act, even where the information relates to electoral processes.
Civil Procedure — Interim Orders — Public Policy Considerations — Electoral Processes
Where an application for an interim order seeks to halt an electoral process that has already been completed, the court may decline to grant the order on public policy grounds to avoid disrupting the electoral cycle, even where the applicant raises serious legal issues.
Damages & Quantum — Compensatory Damages — Violation of Right to Information — Electoral Context
Where a court declines to grant an interim order on public policy grounds but finds that a public body violated the applicant's right to information, the court may award compensatory damages to assuage the applicant's grievances and enable recovery of losses incurred in pursuing the right.

Legislation cited (15)

Cases cited (7)

  • Kiyimba Kaggwa v Hajji Abdu Nasser Katende [1985] HCB 43
  • American Cyanamid Co. v Ethicon Ltd [1975] 1 All ER 504
  • Byanyima Winnie v Ngoma Ngime (Civil Revision No. 9 of 2001)
  • Equator International Distributors Ltd v Beiersdorf East Africa Ltd & Others (Miscellaneous Application No. 1127 of 2014)
  • Yahaya Kariisa v Attorney General & Another (Supreme Court Civil Appeal No. 7 of 1994) [1997] HCB 29
  • Behangana Domaro and Another v Attorney General (Constitutional Application No. 73 of 2010)
  • Kennaway v Thompson [1981] QB 88

Full judgment

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

Kamba Michael Bhamusangala v Alex Asiimwe and Others (Miscellaneous Application 881 of 2025) [2025] UGHCCD 223 (25 November 2025)
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.