Wakilii

Mayusi v Electoral Commission and Anor (Election Petition No. 26 of 2011)

High Court · [2011] UGHCEP 302 · 2011 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging Local Government Council election results for LC III Chairperson
Decision
Election set aside, fresh election ordered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court found that falsification of results occurred at Rurwa and Shamukunga polling stations, depriving the petitioner of 150 votes when the margin of victory was only 31 votes. Voter intimidation and harassment also occurred at Shamukunga polling station where supporters were chased away. The court held that these irregularities affected the results in a substantial manner but found insufficient evidence that the winning candidate personally committed or approved electoral offences. The election was set aside and a fresh election ordered.

Outcome

Election set aside, fresh election ordered

Facts

The petitioner and the 2nd respondent were candidates for Chairperson of Buwagogo Sub County LC III in elections held on 7 March 2011. The Electoral Commission declared the 2nd respondent the winner with 1418 votes against the petitioner's 1387 votes, a margin of 31 votes. The petitioner alleged falsification of results at three polling stations: Mwikaye, Rurwa, and Shamukunga. At Rurwa polling station, the petitioner's agent produced a DR form signed by the Presiding Officer and both candidates' agents showing the petitioner received 174 votes, but the official tally showed only 54 votes. At Shamukunga polling station, witnesses testified the petitioner received 89 votes but official results showed only 39 votes. Evidence also showed that on polling day at Shamukunga, the 2nd respondent and his supporters arrived at the station, disrupted voting, distributed ballot papers among themselves, and intimidated and chased away supporters of the petitioner. The Parish Election Supervisor confiscated a booklet of 50 ballot papers from one supporter but was subsequently transferred. Multiple voters testified to being intimidated and leaving without voting.

Issues

  1. Whether there was non compliance with the electoral laws during the elections in Buwagogo Sub County.
  2. Whether such non compliance and failure, if any, affected the results of the elections in a substantial manner.
  3. Whether the 2nd respondent committed illegal practices or electoral offences personally or by his agents with his knowledge and consent or approval.

Orders

  • The 2nd respondent was not validly elected as Chairperson of Buwagogo LC III Local Government Council.
  • The election is set aside.
  • A fresh election is hereby ordered.
  • Costs of the petition to the petitioner, to be paid by the 1st respondent.

Rules and key headnotes

Declaration of Results Forms — Authentication Requirements
Under section 136(4) of the Local Government Act, a Declaration of Results form must be signed by the Presiding Officer to authenticate the results at a polling station. A DR form not signed by the Presiding Officer cannot be said to be evidence of the results of the election at that polling station. The signing of the DR form by the Presiding Officer is not optional.
Public Documents — Certification — Exception Where Documents Withheld
Public documents intended for use in judicial proceedings ought to be certified, but where the party seeking to rely on them requests the party in possession to provide them and that party refuses or fails to do so, the other party may be allowed to tender uncertified copies. Following Kakooza John Baptist v EC & Another EPA No. 11 of 2007, the court will not reject uncertified DR forms tendered by a petitioner where the Electoral Commission refused or failed to avail certified copies despite proper request.
Falsification of Results — Standard of Proof — Effect on Election Outcome
Where evidence establishes on a balance of probabilities that results at polling stations were falsified such that a candidate was credited with fewer votes than actually received, and the total number of votes affected exceeds the margin of victory, the non-compliance has affected the results of the election in a substantial manner and the election must be set aside.
Electoral Offences — Undue Influence — Knowledge and Consent of Candidate
To establish that a candidate committed the electoral offence of undue influence under section 154 of the Local Government Act through acts of supporters, it must be proved that the candidate had knowledge of the offence or gave consent or approval to it. The standard of proof for electoral offences is higher than in ordinary civil suits given the dire consequences of such a finding, including annulment of the election under section 139(c).
Voter Intimidation — Interference with Right to Vote — Effect on Election
Where evidence establishes that voters were intimidated, threatened, beaten, and chased away from a polling station by supporters of a candidate such that they were denied the right to vote, this constitutes voter intimidation and harassment that affects the results of the election in a substantial manner when combined with falsification of results.

Legislation cited (3)

  • Local Government Act Cap 243 s.136(4)
  • Local Government Act Cap 243 s.139(c)
  • Local Government Act Cap 243 s.154

Cases cited (1)

  • Kakooza John Baptist v Electoral Commission and Another (EPA No. 11 of 2007)

Full judgment

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

Mayusi v Electoral Commission and Anor (Election Petition No. 26 of 2011) [2011] UGHCEP 302 (4 October 2011)
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.