Wakilii

Namaasa v Electoral Commission and Another (Electoral Petition No. 20 of 2021)

High Court · [2021] UGHCEP 21 · 2021 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Electoral petition challenging the result of Local Council V District Chairperson election for Mbale District held on 20 January 2021
Decision
Petition dismissed. Second respondent declared validly elected Local Council V District Chairperson for Mbale District

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the election for Local Council V District Chairperson for Mbale was conducted in a free and fair manner. Although discrepancies existed in gender breakdowns on Declaration of Results Forms at some polling stations, the total number of valid and invalid votes corresponded with ballot papers counted and number of voters who voted. Only Bukobe polling station showed seven extra votes. The petitioner failed to prove falsification, ballot stuffing, or multiple voting. Even if the seven disputed votes were given to the petitioner, the 2,538-vote winning margin would not be substantially affected. Petition dismissed with costs to respondents.

Outcome

Petition dismissed. Second respondent declared validly elected Local Council V District Chairperson for Mbale District

Facts

The petitioner contested for LC V District Chairperson of Mbale District in elections held on 20 January 2021 alongside eight other candidates. The petitioner polled 15,349 votes against the 2nd respondent's 17,887 votes. The 1st respondent declared the 2nd respondent winner. The petitioner challenged the election alleging it was not conducted in a free, fair and transparent manner, claiming falsification of results, ballot stuffing, multiple voting, and voting by unauthorised persons at 15 polling stations. The petitioner alleged discrepancies between the number of registered voters and those recorded as voting on Declaration of Results Forms. The petitioner also sought to raise issues concerning the 2nd respondent's nomination papers through supplementary affidavits, which were struck out by the court.

Issues

  1. Whether the election process was not conducted in a free and fair manner in accordance with the electoral laws
  2. Whether the non-compliance affected the election result in a substantial manner
  3. What remedies are available to the parties

Orders

  • The 2nd Respondent was the validly elected Local Council V District Chairperson for Mbale.
  • Costs of the suit awarded to the 1st and 2nd respondents.

Rules and key headnotes

Electoral Law — Election Petitions — Burden and Standard of Proof
In election petitions, the burden of proof lies upon the petitioner to prove each allegation of malpractice or non-compliance with provisions of law to the satisfaction of the court. The standard of proof is on the balance of probabilities but the degree of probability is higher than in ordinary civil suits.
Electoral Law — Declaration of Results Forms — Agents' Signatures — Estoppel
When a polling agent signs a Declaration of Results Form, he confirms the truth of what is contained therein and confirms to the principal that this is the correct result of what transpired at the polling station. The candidate is estopped from challenging the contents of the form because he is the appointing authority of the agent.
Electoral Law — Declaration of Results Forms — Self-Accounting Documents
A Declaration of Results Form is a self-accounting document. Where the total number of valid votes when added to invalid votes corresponds to the total number of ballot papers counted and also to the total number of female and male voters who voted, no excess voting can be inferred from gender breakdown discrepancies alone.
Electoral Law — Election Petitions — Substantial Effect on Result
For non-compliance with electoral law to warrant nullification of an election, the proven irregularities must be sufficient to change or place in doubt the result of the election. Where the winning majority is so large that even substantial reduction still leaves the successful candidate a wide margin, it cannot be said that the result would be affected by any particular non-compliance.
Electoral Law — Election Petitions — New Causes of Action in Supplementary Affidavits
A party is bound by their pleadings. Supplementary affidavits that raise new matters not captured in the petition or supporting affidavit introduce a new cause of action and are liable to be struck out. Where such affidavits are struck out, the petitioner cannot rely on their contents in submissions.
Civil Procedure — Functus Officio — Challenge to Prior Rulings
Once a court has delivered a ruling on a matter in open court, it becomes functus officio and cannot pronounce itself on the same matter again in the same proceedings. A party dissatisfied with such ruling must appeal rather than attempt to resurrect the matter through submissions.
Evidence — Allegations of Fraud and Illegality — Requirement of Proof
Where a court is invited to determine an unpleaded matter involving allegations of fraud or illegality, evidence must have been led by both parties on that matter before the court can pronounce itself. Mere submissions cannot substitute for evidence properly adduced at trial.

Legislation cited (15)

Cases cited (14)

  • Kasirye Zimula Fred v Bazigatilawo Kibuuka Francis and Another (Election Petition Appeal No. 1 of 2018)
  • Fangmin v Belex Tours and Travels Limited (Supreme Court Civil Appeal No. 66 of 2013)
  • Simba (K) Limited and 4 Others v Uganda Broadcasting Corporation (Supreme Court Civil Appeal No. 3 of 2014)
  • Belvoir Finance Co. Ltd v. Harold G. Cole Ltd [1969] 2 ALL E.R 904 at 908
  • Makula International Ltd v His Eminence Cardinal Nsubuga and Another (Supreme Court Civil Appeal No. 4 of 1982)
  • Katono Zedekia v Electoral Commission and Another (Election Petition No. 2 of 2001)
  • Ninsima Boaz Kasirabo and Another v Mpuuga David (Election Petition Appeal No. 55 of 2016)
  • Adoa Hellen and Electoral Commission v Alaso Alice (Election Petition Appeal No. 57 of 2016)
  • Gagawala Nelson Wambuzi v Electoral Commission and Kenneth Lubogo (HCT-03-CV-EP-0008 of 2011)
  • Rtd Col Dr Kiiza Besigye v Kaguta Museveni (Election Petition No. 1 of 2001)
  • Halima Nakawungu v Electoral Commission and Another (Election Petition No. 2 of 2011)
  • Morgan v. Sampson [1974] 3 ALL ER
  • Mbowe v. Eliufo (1967) EA 240 at 242
  • Mbabazi v Museveni and 2 Others (Presidential Election Petition No. 1 of 2016)

Full judgment

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

Namaasa v Electoral Commission and Another (Electoral Petition No. 20 of 2021) [2021] UGHCEP 21 (8 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.