Wakilii

Matabi v Ssekitoleko and Anor (Election Petition No. 3 of 2021)

High Court · [2021] UGHC 55 · 2021 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging parliamentary election results, struck out on preliminary objection
Decision
Petition struck out for incompetence; petitioner found to lack locus standi

Observed later treatment

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Holding

The High Court struck out an election petition for incompetence where the petitioner, a registered voter, failed to provide prima facie proof that the 500 supporters whose signatures accompanied the petition were registered voters in the constituency. The court held that section 60(2)(b) of the Parliamentary Elections Act requires strict compliance and that proof of registration status must be filed together with the petition, not produced later during trial.

Outcome

Petition struck out for incompetence; petitioner found to lack locus standi

Facts

Matabi Christopher, a registered voter, filed an election petition on March 16, 2021, challenging the parliamentary election results for Bamunanika constituency in which Robert Ssekitoleko was declared winner with 27,850 votes against Dr. John Chrysostom Muyingo's 24,463 votes. The petitioner attached a list of over 600 signatures in support of the petition. The first respondent raised a preliminary objection that the petition was incompetent because the petitioner had not provided proof that the 500 supporters were registered voters in the constituency as required by section 60(2)(b) of the Parliamentary Elections Act. The petitioner had provided only names and National Identification Numbers in the supporters' list, not voter location slip numbers. Only 28 supporters had deposed affidavits with proof of registration status, and seven additional deponents who attested to the grounds of the petition had attached voter location slips, bringing the total to approximately 35 registered voters with proof of registration.

Issues

  1. Whether the petition was competent having regard to section 60(2)(b) of the Parliamentary Elections Act requiring support of not less than 500 registered voters.
  2. Whether proof of registration status of supporters must be filed together with the petition or can be provided later.
  3. Whether the petitioner had locus standi to bring the petition.

Orders

  • Petition struck out for being incompetent.
  • Costs awarded to the first respondent.

Rules and key headnotes

Electoral Law — Election Petitions — Locus Standi — Requirement for 500 Registered Voters
Section 60(2)(b) of the Parliamentary Elections Act requires that an election petition filed by a registered voter must be supported by signatures of not less than 500 voters registered in the constituency, and there must be proof that they are registered voters from the constituency at the time of filing the petition.
Electoral Law — Election Petitions — Proof of Registration Status — Timing
Proof of registration status of the 500 supporters must be filed together with the petition or be available when the case comes up for scheduling and cannot be produced later during trial to validate an otherwise incompetent petition.
Electoral Law — Election Petitions — Form of Proof — Voter Location Slips and Identity Cards
The names of voters supporting an election petition must be shown together with voters' identity card numbers, the polling station, the district, and the voters must sign the list. National Identification Numbers alone, without voter location slip numbers, are insufficient to prove registration status.
Civil Procedure — Affidavits — Affidavits in Sur Rejoinder — Scope
A petitioner may file affidavits in rejoinder to respond to issues raised in affidavits in reply by respondents, but cannot use affidavits in sur rejoinder to belatedly plead for time to provide proof that should have been filed with the petition.
Statutory Interpretation — Election Law — Strict Compliance with Procedural Requirements
Section 60(2)(b) of the Parliamentary Elections Act is a special procedure intended to restrict persons who could file election petitions so as to eliminate vexatious litigants, and failure to comply strictly with its requirements cannot be taken lightly.

Legislation cited (3)

Cases cited (2)

  • Namujju Dionizia Cissy and Another v Martin Kizito Sserwanga (Election Appeal No. 62 of 2016)
  • Mutembule Yusuf v Nagwomu Moses Musamba and Electoral Commission (Election Petition Appeal No. 43 of 2016)

Full judgment

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

Matabi v Ssekitoleko and Anor (Election Petition No. 3 of 2021) [2021] UGHC 55 (31 August 2021)
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.