Wakilii

Komakech v Otto and Anor (Election Petition No. 6 of 2016)

High Court · [2016] UGHCEP 44 · 2016 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging the nomination and election of the 1st Respondent as Member of Parliament for Agago County Constituency
Decision
1st Respondent's election as Member of Parliament for Agago County Constituency upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the 1st Respondent, who was born in Uganda to Ugandan parents and held both Ugandan and Canadian passports, qualified to be nominated as a Member of Parliament. Under Article 15(1) of the Constitution and the Uganda Citizenship and Immigration Control (Amendment) Act 2009 s.19, acquiring citizenship of another country does not automatically terminate Ugandan citizenship. The 1st Respondent retained dual citizenship and was a registered Ugandan voter with valid documentation. The election petition challenging his nomination was dismissed.

Outcome

1st Respondent's election as Member of Parliament for Agago County Constituency upheld

Facts

The Petitioner challenged the election of the 1st Respondent as Member of Parliament for Agago County Constituency in elections held on 18 February 2016. The 1st Respondent obtained 14,281 votes compared to the Petitioner's 2,959 votes. The Petitioner alleged that the 1st Respondent was not qualified for nomination because he used a Canadian passport and was not a Ugandan citizen. The 1st Respondent held dual citizenship, having been born in Uganda to Ugandan parents (registered as a Ugandan under No. CM78111104716), and also held Canadian citizenship by registration. He possessed both a valid Ugandan passport (No. B0560124 issued 8 November 2006) and Canadian passports in slightly varying name orders. The Petitioner claimed the 1st Respondent should have obtained a certificate of dual citizenship but provided no evidence that such a certificate was required or that the 1st Respondent was not on any dual citizenship register.

Issues

  1. Whether the 1st Respondent qualified to be nominated as Member of Parliament for Agago County Constituency.
  2. What remedies are available to the parties in this case?

Orders

  • Election petition dismissed.
  • Costs awarded to the Respondents.

Rules and key headnotes

Electoral Law — Parliamentary Elections — Qualification for Nomination — Citizenship Requirements — Dual Citizenship
Under Article 80(1) of the Constitution and s.4(1) of the Parliamentary Elections Act, a person is qualified to be a Member of Parliament if that person is a citizen of Uganda, is a registered voter, and has completed a minimum formal education of Advanced Level standard or its equivalent.
Constitutional Law — Citizenship — Dual Citizenship — Retention of Ugandan Citizenship
A citizen of Uganda who voluntarily acquires the citizenship of another country does not automatically cease to be a Ugandan citizen. Article 15(1) of the Constitution and s.19(1) of the Uganda Citizenship and Immigration Control (Amendment) Act 2009 permit a Ugandan citizen of eighteen years and above who acquires foreign citizenship to retain Ugandan citizenship subject to the Constitution and any law enacted by Parliament.
Electoral Law — Election Petitions — Burden and Standard of Proof
In election petitions, as in other civil matters, the burden of proof lies on the petitioner to prove the allegations levelled against the opposite party. The standard of proof is to the satisfaction of the court, which is slightly higher than the ordinary civil standard, due to the importance of the electoral process and its fundamental impact on the freedoms and liberties of the citizenry.
Electoral Law — Election Petitions — Voter Identification Slip — Evidence of Citizenship
A voter identification slip evidences entitlement to a National Identity card, which is only given to citizens of Uganda. Possession of a voter identification slip is therefore evidence of Ugandan citizenship.

Legislation cited (7)

Cases cited (2)

  • Besigye v Museveni (Supreme Court Election Petition No. 1 of 2001)
  • Mbabazi v Museveni (Supreme Court Election Petition No. 1 of 2016)

Full judgment

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

Komakech v Otto and Anor (Election Petition No. 6 of 2016) [2016] UGHCEP 44 (8 June 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.