Wakilii

Musuya Soobi v Mukhaye and 2 Others (Election Petition No. 15 of 2021)

High Court · [2021] UGHCEP 20 · 2021 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging the validity of the 1st respondent's nomination and election as District Woman Member of Parliament for Mbale District
Decision
Petition dismissed; 1st respondent's election as District Woman Member of Parliament for Mbale District upheld

Observed later treatment

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Holding

The High Court dismissed the election petition challenging the nomination and election of the 1st respondent as District Woman Member of Parliament for Mbale District. The court held that it had jurisdiction to hear nomination disputes after elections, overruling the preliminary objection. On the merits, the court found that the 1st respondent was validly nominated as a registered voter under the name Mukhaye Miriam, which corresponded to her academic documents. The correction of her National Identity Card from an erroneous name was an internal rectification by NIRA, not a change of name requiring formal procedures. The petitioner failed to prove allegations of illegal practices after her supporting affidavits were expunged for being filed out of time, and she declined to adduce oral evidence.

Outcome

Petition dismissed; 1st respondent's election as District Woman Member of Parliament for Mbale District upheld

Facts

The petitioner contested the parliamentary election for District Woman Member of Parliament for Mbale District held on 14 January 2021. The 1st respondent won with 29,073 votes against the petitioner's 25,864 votes. The petitioner challenged the election on grounds that the 1st respondent was invalidly nominated because she appeared on the voters' register under two different names: Wangisi Mukhaye Mariam Wangisi and Mukhaye Miriam. The petitioner alleged collusion between the respondents to unlawfully introduce the name Mukhaye Miriam onto the register. The petitioner also alleged that the 1st respondent committed illegal practices including donation of drugs and money during the campaign period. The 1st respondent maintained that she had always been known as Mukhaye Miriam, as evidenced by her academic certificates, and that the name Wangisi Mukhaye Mariam Wangisi was an error by NIRA which was internally corrected. The petitioner filed additional affidavits in support of her allegations of illegal practices, but these were expunged by the court for being filed out of time after the respondents had already filed their answers.

Issues

  1. Whether the nomination of the 1st respondent by the 2nd respondent as a candidate for District Woman Member of Parliament Mbale District was valid and lawful?
  2. Whether the 1st respondent undertook the right procedure to register the change of name with the 3rd respondent in accordance with the law?
  3. Whether the 1st respondent committed any illegal practices and/or election offences personally or through her agents with her knowledge, consent or approval?

Orders

  • Preliminary objection overruled.
  • Petition dismissed for lack of merit.
  • Costs awarded to the respondents.
  • Right of appeal explained.

Rules and key headnotes

Jurisdiction — High Court — Election Petitions — Nomination Disputes
The High Court has jurisdiction to entertain issues of nomination after elections have been conducted. Failure to lodge a complaint with the Electoral Commission about an alleged irregularity before or during polling does not bar a petitioner from raising the issue in an election petition filed after the election.
Nomination — Registered Voter Requirement — Name Discrepancies
A candidate's nomination is valid where the candidate is registered as a voter under a name that corresponds to her academic qualifications, even if an erroneous name also appears on the register due to administrative error. The legal name is that given at birth or as appears on academic certificates, and adoption of a spouse's name by virtue of marriage does not constitute a change of name requiring formal procedures.
National Identification — Correction of Errors — Internal Rectification
Where NIRA issues a National Identity Card containing an error in the holder's name, NIRA has the mandate under the Registration of Persons Act to internally correct such mistakes. Such correction does not amount to a change of name and does not require the formal change of name procedure under section 36 of the Registration of Persons Act.
Election Petitions — Evidence — Affidavits Filed Out of Time
Where a petitioner files additional affidavits in support of an election petition after the respondents have already filed their answers, and without leave of court, such affidavits are properly expunged as they would prejudice the respondents who have no opportunity to respond. A petitioner who fails to adduce evidence in support of allegations after supporting affidavits are expunged, and who declines the opportunity to adduce oral evidence, fails to discharge the burden of proof.
Oral Evidence — Supplementing Affidavit Evidence
Unless it is by agreement of parties or by legislation that evidence shall be by affidavits alone, a party may supplement affidavit evidence by oral evidence in court. Where affidavit evidence is rejected or found unsatisfactory, the court has jurisdiction to direct that witnesses be examined orally.

Legislation cited (31)

Cases cited (21)

  • Mukasa Anthony Harris v Dr Bayiga Michael Philip (Supreme Court Election Petition Appeal No. 18 of 2002)
  • Masiko Winfred Komuhangi v Babihuga J Winnie (Election Petition Appeal No. 9 of 2002)
  • Akol Hellen Odeke v Okedel Umar (Election Petition Appeal No. 6 of 2020)
  • Kasirye Zzimula Fred v Bazigatirwawo Kibuuka Francis Amooti and Electoral Commission (Election Petition Appeal No. 1 of 2018)
  • Byanyima Winnie v Ngoma Ngime (Civil Revision No. 9 of 2001)
  • Namboowa Rashiida v Bavekuno Mufumu Godfrey Kyeswa and Electoral Commission (Election Petition Appeal No. 69 of 2016)
  • Kasule Robert Sebunya v Wakayima Musoke Nsereko and Electoral Commission (Election Petition No. 4 of 2016)
  • Kakooza John Baptist v Electoral Commission and Yiga Anthony (Supreme Court Election Petition Appeal No. 11 of 2007)
  • Dunn v. Palermo, 522 S.W.2d 679 (Tenn. 1975)
  • Hashim Sulaiman v Onega Robert (Civil Appeal No. 1 of 2021)
  • Otada Sam v Taban Amin and Electoral Commission (Election Petition No. 93 of 2016)
  • Tinka v Bigirwenkya and Another (Election Civil Appeal Petition No. 7 of 2011)
  • Ninsiima Grace v Azairwe Dorothy Nshaija Kabaraitysa and Electoral Commission (Election Petition Appeal No. 5 of 2016)
  • Kikulukunyu Faisal v Muwanga Kivumbi (Election Petition Appeal No. 44 of 2011)
  • Suubi Kinyamatama Juliet v Sentongo Robinh Nakasirye and Another (Election Petition Appeal No. 92 of 2016)
  • Odo Tayebwa v Nasser Basajabalaba and Another (Election Appeal No. 13 of 2001)
  • Muyanja Simon Lutaaya v Kenneth Lubogo and Electoral Commission (Election Petition Appeal No. 82 of 2016)
  • Mugema Peter v Mudiobole Abedi Nasser (Election Petition Appeal No. 30 of 2021)
  • Glossov v. Heston & 1 Local Board, 47 LJ Ch. 536
  • Re: Whiteley, 1891, 1 Ch. 559
  • Mutembuli Yusuf v Nagwomu and Another (Election Petition Appeal No. 43 of 2016)

Full judgment

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Musuya Soobi v Mukhaye and 2 Others (Election Petition No. 15 of 2021) [2021] UGHCEP 20 (7 September 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.