Odoi v NRM & Another (Constitutional Petition 37 of 2015)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Constitutional Court struck out the petition for want of jurisdiction. Following Tinyefuza and Serugo, it held that jurisdiction under Article 137 arises only where resolving a dispute requires interpretation of the Constitution; it is not enough merely to allege that a constitutional provision has been violated. The petitioner's complaints about the NRM Electoral Commission overturning his primary win without a hearing were fact-sensitive grievances over the internal management of a political party. On their face, Regulation 20(21) and the impugned acts were not per se unconstitutional. The proper remedy lay in a competent court under Article 50, including by judicial review, not in constitutional interpretation.

Outcome

Petition struck out for want of jurisdiction; the matter was found to be properly pursued under Article 50, including by way of judicial review

Facts

The petitioner, then Member of Parliament for West Budama North County, contested the NRM party primaries to secure the party flag bearer position and was declared the winner at the close of voting. His opponent, Richard Okoth Othieno, petitioned the NRM Electoral Commission (also sitting as the NRM Elections Tribunal) challenging the result. After an investigation, re-count and re-tally, the Commission found that the petitioner had not in fact won and declared Othieno the NRM flag bearer. The petitioner contended he was never formally served with the petition against him, was denied any hearing before the Commission, and that the Commission was functus officio and could not adjudicate a dispute arising from an election it had itself organised and conducted. He challenged Regulation 20(21) of the NRM Primary Elections Regulations, under which the Commission handled the petition, as a derogation from the right to a fair hearing. He brought the matter as a constitutional petition seeking declarations of unconstitutionality.

Issues

1. Whether the petition raises matters requiring constitutional interpretation under Article 137 of the Constitution.
2. Whether the respondents could pass regulations or act in a manner that effectively amends an Act of Parliament, a function reserved to Parliament.
3. Whether Regulation 20(21) of the Regulations for NRM Primary Elections is inconsistent with Articles 28(1) and 44(c) of the Constitution.
4. Whether the respondents' act of removing the petitioner from his position as winner of the NRM primary elections without a hearing is inconsistent with Articles 28(1) and 44(c).
5. What remedies, if any, are available to the petitioner.

Orders

• The petition is struck out.
• No order is made as to costs.

Rules and key headnotes

Legislation cited (10)

• Constitution of Uganda 1995 art.137
• Constitution of Uganda 1995 art.28(1)
• Constitution of Uganda 1995 art.44(c)
• Constitution of Uganda 1995 art.50
• Constitution of Uganda 1995 art.71
• Constitution of Uganda 1995 art.83(1)
• Political Parties and Organisations Act 2005 s.3
• International Covenant on Civil and Political Rights art.4
• Regulation 20(21) of the Regulations for NRM Primary Elections
• Article 39(7) of the National Resistance Movement Constitution

Cases cited (14)

• Raphael Baku v Attorney General (Constitutional Appeal No. 2 of 2003)
• Ismail Serugo v Kampala City Council & Attorney General (Constitutional Appeal No. 2 of 1998)
• Smith Dakota v North Carolina 192 US 268
• Paul K. Ssemogerere, Zachary Olum & Juliet Rainer Kafire v Attorney General (Constitutional Appeal No. 1 of 2002)
• Fox Odoi-Oywelowo & James Akampumuza v Attorney General (Constitutional Petition No. 8 of 2003)
• John Ken Lukyamuzi v Attorney General & Electoral Commission (Constitutional Appeal No. 2 of 2007)
• Engineer Edward Turyomurugyendo & 2 Others v Attorney General & Others (Constitutional Petition No. 25 of 2009)
• Mbabaali Jude v Hon. Edward Kiwanuka Ssekandi (Constitutional Petition No. 28 of 2012)
• Attorney General v Major General David Tinyefuza
• Hassan Ali Joho and Another v Suleiman Shahbal and 2 others (2013) eKLR (Court of Appeal, Kenya)
• Ridge v Baldwin and Others (1963) AllER
• Charles Kabagambe v Uganda Electricity Board (Constitutional Petition No. 2 of 1999)
• Okori James v Attorney General & 7 Others (Constitutional Petition No. 6 of 2020)
• Hon. Ssekikubo Theodore & 10 Others v National Resistance Movement (Constitutional Petition No. 9 of 2019)

Cases citing this judgment (4)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Lumu Richard Kizito and Others v Mao Norbert and Others (Constitutional Petition 26 of 2022)
• Byanyima C. Edith and Others v Democratic Party and Others (Miscellaneous Cause 21 of 2025)
• Fox Odio Oywelowo v National Resistance Movement and Another (Consitutional Petition No. 37 of 2015)
• Fox Odoi v NRM & Anor (Constitutional Application No. 32 of 2015)

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