Wakilii

Namuyangu K.J. Byakatonda v. Electoral Commission & Anor (Election Pet. No. 18 of 2011)

High Court · [2011] UGHC 111 · 2011 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging the validity of parliamentary election result
Decision
Election nullified and seat declared vacant; fresh elections ordered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held: The election was not held in compliance with electoral laws. Petitioner's agents were arbitrarily chased from polling stations and signatures were forged on declaration of results forms. The 2nd respondent committed the illegal practice of bribery by giving UGX 300,000 to a voter group. Although the petitioner did not prove substantial effect of non-compliance on results by numbers, a single act of bribery is sufficient to nullify an election. Election nullified and seat declared vacant.

Outcome

Election nullified and seat declared vacant; fresh elections ordered

Facts

The petitioner and 2nd respondent contested the parliamentary election for Kibuku Constituency held on 18 February 2011. The 2nd respondent was declared winner and gazetted. The petitioner challenged the election alleging non-compliance with electoral laws. Evidence showed that petitioner's agents were chased from Bubulanga bore hole and Molokochomo Mosque polling stations. Declaration of Results forms bore a signature purportedly of agent Anasi bin Juma who testified he could only thumb-print, not sign. The 2nd respondent gave UGX 300,000 to a voter group called Butakitibwamoiza. Witness Jane Frances Kataike testified the money influenced her group to vote for the 2nd respondent.

Issues

  1. Whether the election was held in compliance with electoral laws.
  2. Whether the non-compliance, if any, affected the results in a substantial manner.
  3. Whether the 2nd respondent or his agents committed any illegal practices or electoral offences.

Orders

  • Petition allowed.
  • Election of Hon. Kamba Saleh as Member of Parliament, Kibuku Constituency nullified.
  • Seat for Member of Parliament for Kibuku Constituency declared vacant.
  • 1st respondent to conduct fresh elections for Member of Parliament, Kibuku Constituency.
  • Respondents to pay costs of the election petition to the petitioner.

Rules and key headnotes

Electoral Law — Bribery — Single Act Sufficient for Nullification
Under the Parliamentary Elections Act, bribery is an illegal practice and a single proven act of bribery is sufficient to lead to nullification of election results.
Electoral Law — Agents — Right to Presence at Polling Stations
The law requires each candidate to have two agents at each polling station. Where agents are stationed at a polling station but are arbitrarily sent away, this constitutes a serious breach of electoral laws affecting the quality of the election.
Evidence — Documentary Evidence — Declaration of Results Forms
Only certified copies of Declaration of Results forms may be relied upon by court as authoritative evidence of election results. Uncertified copies cannot be relied upon save for comparison purposes.
Electoral Law — Compliance — Qualitative Assessment
The question of whether an election complied with electoral laws is a qualitative one concerning the integrity and purity of the election. Non-compliance in even a minority of polling stations can compromise the quality of the entire election.
Electoral Law — Substantial Effect on Results — Quantitative Test
The issue of whether non-compliance affected results in a substantial manner is answered quantitatively. The petitioner must show how many votes the non-compliance cost them, how many votes it gifted the winner, and whether the difference would have put the petitioner in the lead.
Evidence — Voter Status — Burden of Proof
Where a witness states positively that they voted, the burden shifts to the party doubting that assertion to prove otherwise. If counsel fails to challenge voter status during cross-examination, the assertion stands.
Electoral Law — Bribery — Receiver as Witness
The purpose of the bribery offence under election law is to prevent politics being dominated by the highest bidder. The emphasis is on reining in politicians who bribe rather than catching voter accomplices. The receiver of a bribe may therefore testify without requiring independent corroboration in election petition proceedings.

Legislation cited (8)

Cases cited (13)

  • Kizza Besigye v Museveni and Electoral Commission (Supreme Court Election Petition No. 1 of 2001)
  • Kakooza JB v Yiga Anthony (Supreme Court Election Petition No. 11 of 2007)
  • Bakaluba Mukasa v Nambooze (Election Petition Appeal (Supreme Court) No. 4 of 2009)
  • Ngoma Ngime v Byanyima (Court of Appeal No. 11 of 2002)
  • Babu v Lukwago (Election Petition No. 10 of 2006)
  • Kafiire v Kamba Saleh (Election Petition No. 7 of 2006)
  • Nelson v Attorney General [1999] 2 EALR 160
  • Mbayo v Talonsya (Court of Appeal No. 7 of 2006)
  • Kadama v Gaggawala (Election Petition No. 2 of 2001)
  • Opio John v Electoral Commission and Ogolla Jack (High Court Election Petition No. 19 of 2006)
  • Badda versus Muyanda Mutebi
  • Borough of Hackney Gill v Reed (1874) 31 LJ 69
  • Muhammad Yusuf versus Obasanjo and others

Full judgment

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

Namuyangu K.J. Byakatonda Vs. Electoral Commission & Anor (Election Pet. No. 18 of 2011) [2011] UGHC 111 (4 August 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.