Wakilii

Nabukeera Hussein Hanifa v Kibuke Ronald & Anor (HCT-03-CV-EP-00017-2011)

High Court · [2011] UGHC 133 · 2011 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging the validity of the 2011 parliamentary election for Mukono North Constituency
Decision
Election petition dismissed — 1st Respondent's election as Member of Parliament for Mukono North Constituency upheld

Observed later treatment

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Holding

The High Court dismissed the election petition challenging the validity of the 2011 parliamentary election for Mukono North Constituency. The Court held that the petitioner failed to prove to the required standard any act of electoral bribery committed by the 1st Respondent or with his knowledge and consent, and that the election was conducted in compliance with electoral laws.

Outcome

Election petition dismissed — 1st Respondent's election as Member of Parliament for Mukono North Constituency upheld

Facts

The Electoral Commission organized parliamentary elections on 18 February 2011 for Mukono North Constituency. Six candidates contested, including the petitioner (Nabukeera Hussein Hanifa, Independent) and the 1st respondent (Kibule Ronald, NRM). The 1st respondent was declared winner with 13,343 votes; the petitioner polled 3,341 votes. The petitioner filed an election petition alleging that the 1st respondent committed electoral bribery at multiple locations (Katoogo, Kabembe, Kalagala, Namasumbi, Walusubi, Bulijjo, and Nabiyagi) by distributing money, food, and drinks to voters with intent to influence their votes, and that the election was not conducted in compliance with electoral laws.

Issues

  1. Whether the 1st Respondent committed any electoral offences or illegal practices within the meaning of the Parliamentary Elections Act, either by himself or through any other persons with his knowledge and consent or approval.
  2. Whether the Parliamentary Elections in respect of Mukono North Constituency were not conducted by the 2nd Respondent in accordance and in compliance with the Electoral Laws and if so whether the non-compliance, if any, affected the results of the said Election in a substantial manner.
  3. What remedies are available to the parties.

Orders

  • Petition dismissed.
  • Petitioner to pay the taxed costs of the 1st Respondent.
  • Petitioner to pay 50% of the 2nd Respondent's taxed costs.

Rules and key headnotes

Electoral Law — Election Petitions — Burden and Standard of Proof
In election petitions, the burden of proof lies on the petitioner to establish grounds for setting aside an election on the balance of probabilities but to the satisfaction of the Court. The standard of proof is higher than in an ordinary civil case and similar to the standard required to establish fraud, but not as high as the criminal standard of proof beyond reasonable doubt.
Electoral Law — Electoral Bribery — Essential Ingredients
The offence of electoral bribery under Section 68 of the Parliamentary Elections Act requires proof that: (i) money, gift or other consideration was given, provided or caused to be given; (ii) by a candidate or his agent with his knowledge and consent or approval; (iii) with the intention to influence a person; (iv) to vote or refrain from voting for any candidate. The receiver of the bribe must be a registered voter, and the corrupt motive must be established.
Electoral Law — Electoral Bribery — Requirement that Recipient be a Registered Voter
The offence of electoral bribery is not committed unless the gift, money or other consideration is given to or received by a person who is proved to be a registered voter in the constituency. A high degree of specificity is required: the agent must be named, the receiver must be named and proved to be a voter, and the corrupt purpose must be established.
Evidence — Affidavit Evidence — Requirement of Oath
To be valid as affidavit evidence, the deponent must personally appear before the Commissioner for Oaths and take the oath or affirmation by saying or repeating the prescribed words. An affidavit is incurably defective if the deponent did not swear or take oath. To condone an unsworn statement passing as an affidavit would undermine the importance of affidavit evidence which is rooted in the fact that it is made on oath.
Evidence — Assessment of Evidence in Election Petitions — Need for Independent Corroboration
In election petitions, evidence of partisans must be viewed with great care and caution, scrutiny and circumspection. Where evidence from both parties is entirely subjective and consists of accusation and counter-accusation, it cannot be relied upon without testing its authenticity from a neutral and independent source. Evidence of an accomplice (such as a receiver of an alleged bribe) requires independent corroboration.
Electoral Law — Electoral Offences — Agency and Knowledge
For a candidate to be held liable for electoral offences committed by another person, it must be proved that the person acted as the candidate's agent with the candidate's knowledge, consent or approval. An agent is the understudy of the candidate and must act under the candidate's instructions and control. The position of a political leader or party official does not per se make that person an agent of the candidate, and there is no automatic agency relationship.
Electoral Law — Electoral Bribery — Promises Distinguished from Bribery
Under Section 68 of the Parliamentary Elections Act, the offence of bribery is committed by a person who 'gives, or provides or causes to be given or provided' money, gift or other consideration. The provision does not cover a person who merely promises or pledges. Election campaigns are characterised by promises and pledges to satisfy voters' anticipations, and it could not have been the legislative intention to defeat the essence of campaigns by treating all promises as bribery.

Legislation cited (10)

Cases cited (17)

  • Blyth v Blyth [1966] AC 643
  • Col. (Rtd) Dr. Kizza Besigye v Electoral Commission and Museveni Yoweri Kaguta (Presidential Election Petition No. 1 of 2001)
  • Col. (Rtd) Dr. Kizza Besigye v Electoral Commission and Museveni Yoweri Kaguta (Presidential Election Petition No. 1 of 2006)
  • Masiko Winfred Komuhangi v Babihunga J. Winnie (Election Petition Appeal No. 9 of 2002)
  • Anderson Kambeta Mugoha and others v Patrick Mwanawasa, Electoral Commission and Attorney General (Election Petition No. 1 of 2006)
  • Nelson v Attorney General and Another [1990] 2 EA 160 (CAF)
  • Karokora v Electoral Commission and Kagonyera (Election Petition No. 2 of 2001)
  • Banatib Issa Taligola Vs EC and Wasugoya Bob Fred
  • Paul Mwiru Vs Igeme Nathan Samson Nabeeta, EC
  • Mbayo Jacob v Electoral Commission and Another (Election Petition Appeal No. 7 of 2006)
  • Nambooze Betty Bakireke v Bakaluba Peter Mukasa and Electoral Commission (Election Petition No. 14 of 2006)
  • Yeri Ofwono Apollo v Tana Sanjay and Electoral Commission (Election Petition No. 9 of 2011)
  • Kakooza John Baptist v Electoral Commission and Anthony Iga (Supreme Court Election Petition Appeal No. 11 of 2007)
  • Paul Mwiru v Igeme Nathan Samson Nabeeta and others (Election Petition No. 3 of 2011)
  • Mbayo Jacob Robert v Electoral Commission and Talamusya Sinnah (Election Petition Appeal No. 7 of 2006)
  • Busingye Fred v Kithende Kalibhoga and Electoral Commission (Election Petition No. 5 of 2006)
  • Mudiobole Abeedi Nasser v Mugema Peter (Election Petition No. 7 of 2011)

Full judgment

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

Nabukeera Hussein Hanifa v Kibuke Ronald & Anor (HCT-03-CV-EP-00017-2011) [2011] UGHC 133 (7 September 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.