Wakilii

Katabazi Francis Katongole v Ssempijja Vicent Frerrio and Others (Revision Application No. 2 of 2023)

High Court · [2026] UGHC 27 · 2026 Revision Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Revision application from Chief Magistrate's Court orders in consolidated applications for stay of execution of a vote recount order
Decision
Orders of the Chief Magistrate's Court revised and set aside as nullities

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Chief Magistrate acted illegally and with material irregularity by ordering a vote recount to be conducted on 26th January 2021, a public holiday (Liberation Day), in violation of Section 92 of the Parliamentary Elections Act 2005. The recount was also ordered beyond the mandatory four-day period prescribed by Section 55(2) of the same Act. The orders of the Chief Magistrate's Court were revised and set aside as nullities.

Outcome

Orders of the Chief Magistrate's Court revised and set aside as nullities

Facts

The applicant, Hon. Katabazi Francis Katongole, was declared winner of the Member of Parliament election for Kalungu East Constituency held on 14th January 2021. The 1st respondent filed an application for a vote recount, which the Chief Magistrate granted, ordering the recount to take place on 26th January 2021 at 9am. The applicant filed an appeal and two applications for stay of execution, which were consolidated, heard, and dismissed on 26th January 2021, allowing the recount to proceed on that same day. The applicant then filed this revision application, arguing that the Chief Magistrate acted illegally by ordering the recount on a public holiday (Liberation Day) and beyond the statutory four-day period prescribed by the Parliamentary Elections Act.

Issues

  1. Whether the Chief Magistrate acted illegally or with material irregularity or with injustice and exercised jurisdiction vested in him by ordering a recount of votes on a public holiday

Orders

  • The Ruling and Orders of the Chief Magistrates Court in Miscellaneous Application No. 006 of 2021 and the Orders in the consolidated Miscellaneous Applications No. 002 and 003 of 2021 are hereby revised and set aside.
  • Each party to bear their own costs in this Court and the Court below.

Rules and key headnotes

Electoral Law — Vote Recount — Statutory Time Limits — Parliamentary Elections Act s.55(2)
Under Section 55(2) of the Parliamentary Elections Act 2005, a Chief Magistrate must appoint a time to recount votes within four days after receipt of the application for recount. Ordering a recount beyond this mandatory four-day period constitutes a violation of the statute.
Electoral Law — Vote Recount — Public Holidays — Parliamentary Elections Act s.92
Section 92 of the Parliamentary Elections Act 2005 provides that whenever anything is required to be commenced, concluded or done on a particular day under the Act, and that day falls on a public holiday, that thing shall be commenced, concluded or done on the day next succeeding the public holiday. A court order directing a vote recount to be conducted on a public holiday violates this statutory provision.
Civil Procedure — Revision — Grounds for Revision — Illegal Exercise of Jurisdiction
Under Section 83(c) of the Civil Procedure Act, the High Court may revise a case where a magistrate's court has acted in the exercise of its jurisdiction illegally or with material irregularity or injustice. Where a Chief Magistrate orders a vote recount in breach of mandatory statutory provisions, the High Court may exercise its revisional jurisdiction to set aside such orders as nullities.
Evidence — Judicial Notice — Public Holidays
Under Section 56(1)(h) of the Evidence Act, a court may take judicial notice of public festivals, fasts and holidays notified in the Gazette. Courts may take judicial notice that 26th January is observed annually as Liberation Day, a public holiday in Uganda.

Legislation cited (9)

Full judgment

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Katabazi Francis Katongole v Ssempijja Vicent Frerrio and Others (Revision Application No. 2 of 2023) [2026] UGHC 27 (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.