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Mulinde Deusdeit v Electoral Commission (Election Petition 3 of 2018)

High Court · [2018] UGHCCD 221 · 2018 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal by petition from Electoral Commission decision declining nomination as parliamentary candidate
Decision
Petition dismissed with costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Electoral Commission properly upheld Returning Officer's decision declining to nominate petitioner as parliamentary candidate where petitioner arrived at nomination venue at 4:30pm without required documents, including proof of payment of nomination fee. Petitioner admitted he was unprepared and could not fulfil all nomination requirements before 5:00pm deadline. Payment receipt showed nomination fee paid two days after nomination period ended. Commission acted lawfully in refusing nomination without necessary legal requirements under Parliamentary Elections Act.

Outcome

Petition dismissed with costs

Facts

Petitioner sought nomination as parliamentary candidate for Ibanda Municipality Constituency on 5 June 2018. He arrived at the nomination venue at 4:30pm, registered his presence, but did not have complete nomination papers. The person sent to pay nomination fees at the bank had not returned with proof of payment. Petitioner had traveled to Bushenyi to obtain Commissioner of Oaths but failed to locate one. Returning Officer declined to nominate petitioner. Petitioner appealed to Electoral Commission on 6 June 2018. Commission held hearing on 12 June 2018 and upheld Returning Officer's decision on 13 June 2018. Nomination hours were 9:00am to 5:00pm. Receipt attached by petitioner showed nomination fee of 3,000,000 UGX paid at Stanbic Bank on 7 June 2018, two days after nomination deadline.

Issues

  1. Whether the respondent acted unfairly in upholding the decision of the Returning Officer not to nominate the Petitioner?
  2. What remedies are available?

Orders

  • Petition dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Electoral Law — Candidate Nomination — Time Requirements — Compliance
A candidate who arrives at the nomination venue during prescribed hours but without the necessary legal requirements, including proof of payment of nomination fees, cannot be nominated merely because he was physically present at the venue.
Electoral Law — Nomination Fees — Proof of Payment — Statutory Requirement
Under section 11(3) of the Parliamentary Elections Act, a candidate must accompany nomination papers with proof of payment of the nomination fee of 150 currency points. Nomination cannot proceed without such proof, and payment made after the nomination period has ended cannot cure the defect.
Administrative Law — Electoral Commission — Review of Returning Officer Decision — Standard of Review
Where a Returning Officer declines to nominate a candidate on grounds that the candidate failed to fulfil statutory nomination requirements within the prescribed time, the Electoral Commission acts lawfully in upholding that decision if the candidate admits being unprepared and documentary evidence confirms non-compliance with requirements.

Legislation cited (5)

Full judgment

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Mulinde Deusdeit v Electoral Commission (Election Petition 3 of 2018) [2018] UGHCCD 221 (11 July 2018)
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.