Wakilii

Kitone Ronald v National Resistance Movement and Another (Miscellaneous Cause No. 270 of 2025)

High Court · [2025] UGHCCD 221 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging the declaration of the 2nd Respondent as NRM flag bearer for Chairperson Youth Council Committee Kakumiro District
Decision
Application granted; 2nd Respondent's declaration quashed; Independent Electoral Commission ordered to substitute the 2nd Respondent's name with the Applicant's name

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the application was amenable to judicial review. The NRM Electoral Commission acted with illegality, irrationality and procedural impropriety by failing to resolve the Applicant's petition challenging electoral irregularities before forwarding the 2nd Respondent's name to the Independent Electoral Commission. The Applicant exhausted available internal remedies. The election was marred by manifest illegalities including voting by the District Registrar, proxy voting, and voting by a non-delegate. The Electoral Commission's failure to act on its own findings and legal advice constituted a process failure warranting judicial intervention. Order of certiorari issued quashing the 2nd Respondent's declaration; Independent Electoral Commission ordered to substitute the 2nd Respondent's name with the Applicant's name.

Outcome

Application granted; 2nd Respondent's declaration quashed; Independent Electoral Commission ordered to substitute the 2nd Respondent's name with the Applicant's name

Facts

On 8 August 2025, the NRM held primaries for Chairperson Youth Council Committee Kakumiro District. The 2nd Respondent was declared winner with 38 votes against the Applicant's 37 votes. The Applicant alleged three electoral irregularities: voting by the NRM District Registrar Mulindwa Brian who was also a candidate and did not resign; proxy voting by Alimpa Lovina on behalf of absent delegate Kemigisha Evarini; and voting by Katongole John Ronald whose name was not on the register. The Applicant filed a petition with the NRM Electoral Commission Chairperson on 12 August 2025. The Director of Legal Affairs advised that the irregularities violated NRM rules. On 18 August 2025, the Electoral Commission held a hearing and resolved to deduct the three illegal votes and declare the Applicant winner. However, the Electoral Commission Chairperson failed to implement this resolution and forwarded the 2nd Respondent's name to the Independent Electoral Commission. On 19 August 2025, the 2nd Respondent was declared unopposed by the IEC.

Issues

  1. Whether the application raises sufficient grounds for judicial review?
  2. Whether the 1st Respondent through its Electoral Commission acted with procedural irregularity, gross impropriety, illegality, irrationality in irregularly declaring, forwarding and maintaining the name of the 2nd Respondent as the NRM Flag bearer for District Chairperson Youth Council Kakumiro District to the Independent Electoral Commission?
  3. Whether the Applicant is entitled to the reliefs sought?

Orders

  • An order of Certiorari quashing the Declaration of the 2nd Respondent as the NRM flag bearer for Chairperson Youth Council Kakumiro District and his Declaration as the Chairperson Youth Council Committee Kakumiro District on the NRM ticket by the Independent Electoral Commission.
  • An order that the Independent Electoral Commission substitutes the 2nd Respondent's name with the Applicant's name as the Chairperson District Youth Council Kakumiro District on the NRM ticket.
  • Each party to bear its own costs.

Rules and key headnotes

Judicial Review — Amenability — Political Party Internal Elections
Political parties are public bodies under Rule 2(1)(f) of the Judicature (Judicial Review) Rules 2009 as amended, and decisions of political parties are capable of being subjected to judicial review if they touch public law and public rights and are made in disregard to the principles of legality, rationality and procedural propriety.
Judicial Review — Exhaustion of Remedies — Effectiveness of Alternative Remedies
Where an applicant has pursued internal remedies within a political party including filing a petition that was referred to the party's Electoral Tribunal Chair for legal advice, and where time constraints make further internal processes unrealistic, the applicant has exhausted available remedies and judicial review is the appropriate remedy of last resort.
Administrative Law — Illegality — Failure to Act on Legal Advice
Where an administrative body seeks and receives legal advice identifying illegalities in an electoral process, and the body's commission resolves to remedy those illegalities, but the chairperson fails to implement the resolution without justifiable reason, such failure constitutes illegality amenable to judicial review.
Electoral Law — Party Primaries — Electoral Irregularities
Voting by a party registrar who is also a candidate without resigning as required by party rules, proxy voting contrary to party voting rules, and voting by a person not on the register of delegates constitute manifest illegalities that discredit the entire electoral outcome and must be remedied by the electoral body.
Administrative Law — Procedural Impropriety — Failure to Render Decision
Where an administrative body conducts a hearing, receives evidence, and reaches a resolution but the chairperson fails to issue a formal verdict or communicate the outcome to the affected parties, such failure constitutes procedural impropriety in the decision-making process.
Judicial Review — Scope — Decision-Making Process
Judicial review is concerned with the decision-making process and not the decision itself. The purpose is to ensure that public powers are exercised in accordance with the basic standards of legality, fairness and rationality, and to ensure that individuals are given fair treatment by the authority to which they have been subjected.
Constitutional Law — Substantive Justice — Technicalities
Article 126(2)(c) of the Constitution requires that substantive justice be delivered without undue regard to technicalities. Where a time-sensitive electoral matter requires timely resolution and internal remedies are not effective or realistic, courts must prioritize substantive justice over procedural technicalities.

Legislation cited (33)

Cases cited (32)

  • Master Links Uganda Limited v Attorney General (Miscellaneous Cause No. 167 of 2022)
  • Bukulumpagi Daniel and Others v Uganda National Bureau of Standards and Others (Miscellaneous Cause No. 268 of 2017)
  • Mohamed Allibhai v Attorney General (Miscellaneous Cause No. 217 of 2021)
  • Major General David Sejusa v Attorney General (Miscellaneous Cause No. 176 of 2015)
  • Oyiki Sirino and Others v Kampala University (Miscellaneous Cause No. 129 of 2022)
  • Niwabiine Jossy v NRM and Another (Miscellaneous Cause No. 143 of 2022)
  • Natamba Pascal v National Resistance Movement and Another (Miscellaneous Cause No. 165 of 2025)
  • Council of Civil Service Union versus Minister of Civil Service (1958) AC 375
  • Mugabi Edward v Kampala District Land Board and Wilson Kashaya (Miscellaneous Cause No. 18 of 2012)
  • Ojangole Patricia v Attorney General (Miscellaneous Application No. 303 of 2013)
  • Barbrah Awid Michelle v Uganda Revenue Authority (Miscellaneous Cause No. 322 of 2021)
  • Council of Service Union Vs Master for Civil Service (1985) AC 374
  • National Drug Authority and Another v Nakachwa Florence Obiocha (Civil Appeal No. 281 and 286 of 2017)
  • John Jet Tumwebaze v Makerere University Council and 2 Others (Miscellaneous Cause No. 353 of 2005)
  • DOTT Services Ltd v Attorney General (Miscellaneous Cause No. 125 of 2009)
  • Balondemu David v Law Development Centre (Miscellaneous Cause No. 61 of 2016)
  • Birimbo Aaron v Uganda Human Rights Commission (Miscellaneous Cause No. 76 of 2022)
  • Anny Katabaazi-Bwengye v Uganda Christian University (Miscellaneous Cause No. 268 of 2017)
  • Microcare Insurance Limited v Uganda Insurance Commission (Miscellaneous Cause No. 218 of 2009)
  • Classy Photo Mart Ltd v Commissioner Customs Uganda Revenue Authority (Miscellaneous Cause No. 30 of 2009)
  • Peter Okello v Kyambogo University (Miscellaneous Cause No. 23 of 2017)
  • Annie and Begumisa Sewanyana Jimmy v Kampala International University (Miscellaneous Cause No. 217 of 2016)
  • Julius Maganda v NRM (Miscellaneous Cause No. 154 of 2010)
  • Council of Civil Service Unions vs Minister for the Civil Service [1985] AC 375
  • Koluo Joseph Andrew and 2 Others v Attorney General (Miscellaneous Cause No. 106 of 2010)
  • Ridge vs Baldwin [1963] A.C 40 ALL ER 66
  • Salim Alibhai and Others v Uganda Revenue Authority (Miscellaneous Cause No. 123 of 2020)
  • Fox Odoi Oywelowo v NRM and Attorney General (Constitutional Petition No. 378 of 2025)
  • Babirye Jane Zaninka v Bukenya Micheal Iga and Electoral Commission (Election Petition No. 2 of 2021)
  • Ernest Kiiza v Kabakumba Labwoni Masiko (Election Appeal No. 44 of 2016)
  • Masiko Winifred Komuhangi v Babihuga J. Winnie (Election Petition Appeal No. 9 of 2022)
  • Lam-lagoro James v Muni University (Miscellaneous Cause No. 7 of 2016)

Full judgment

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Kitone Ronald v National Resistance Movement and Another (Miscellaneous Cause No. 270 of 2025) [2025] UGHCCD 221 (2 December 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.