Wakilii

Rabbi Gershom Sizomu Wambedde v. Electoral Commission & Anor. (Election Pet. No. 006of 2011)

High Court · [2011] UGHC 119 · 2011 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Parliamentary election petition challenging the results of elections for Member of Parliament for Bungokho North Constituency held on 18 February 2011
Decision
Petition dismissed; election results upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the petitioner failed to prove to the required standard that there was non-compliance with electoral laws through acts of violence, intimidation, ballot stuffing, multiple voting, or prevention of eligible voters from voting at various polling stations. The court found insufficient evidence that alleged malpractices occurred where none were reported to polling officials or police at the time and where medical attention was sought at facilities where the petitioner held directorship rather than nearby government facilities. The election petition was dismissed with costs.

Outcome

Petition dismissed; election results upheld

Facts

On 18 February 2011, elections for Member of Parliament for Bungokho North Constituency were conducted by the Electoral Commission. The 2nd respondent was declared winner with 16,771 votes against the petitioner's 14,956 votes, a margin of 1,815 votes. The petitioner challenged these results alleging intimidation, harassment, violence, ballot stuffing, multiple voting, pre-ticking of ballot papers, prevention of eligible voters from voting, voting by ineligible voters, improper tallying of results, and prevention of the petitioner's agents from protecting his interests at several polling stations throughout Bufumbo sub-county. The petitioner alleged that these acts were committed personally by the 2nd respondent or with his knowledge and consent through his agents, particularly Abdullah Naleka, the NRM chairperson for Bufumbo Sub County. The parties agreed on the election results but contested whether electoral malpractices occurred.

Issues

  1. Whether the election was not conducted in compliance with the provisions of the Constitution, the Electoral Commission Act and the Parliamentary Elections Act and the principles laid down in those provisions
  2. If so, whether the non-compliance affected the results of the elections in a substantial manner
  3. Whether the 2nd respondent committed the alleged illegal practices or offences in connection with the election personally or with his knowledge and approval or consent
  4. What remedies are available to the parties

Orders

  • Petition dismissed with costs.

Rules and key headnotes

Election Petitions — Burden and Standard of Proof
In an election petition, the petitioner has the duty to adduce credible or cogent evidence to prove his allegations on a balance of probabilities, although slightly higher than in ordinary civil cases, because an election petition is of great importance both to the candidates concerned and the nation at large.
Election Petitions — Grounds for Setting Aside an Election
Under section 61(1) of the Parliamentary Elections Act, an election shall only be set aside where there has been non-compliance with the provisions relating to elections if the court is satisfied that there has been failure to conduct the election in accordance with the principles laid down and that the non-compliance and failure affected the result of the election in a substantial manner.
Electoral Law — Proving Electoral Malpractices — Requirement of Contemporaneous Reports
Where alleged electoral malpractices such as violence, intimidation, or ballot stuffing are denied by election officials and no contemporaneous reports were made to polling officials, police, or other relevant authorities at the time of the alleged incidents, the court will find it difficult to accept that such malpractices occurred.
Electoral Law — Credibility of Evidence — Medical Reports and Choice of Health Facility
Where petitioners seeking to prove electoral violence obtain medical attention at a distant private health centre where the petitioner holds directorship rather than nearby government facilities, and where assaults are reported to police three days after the alleged incidents rather than immediately, such evidence raises credibility concerns and may be considered insufficient to prove the alleged malpractices.

Legislation cited (3)

Cases cited (1)

  • Masiko Winfred Komuhangi v Babihuga J. Winnie (Election Petition Appeal No. 9 of 2002)

Full judgment

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Rabbi Gershom Sizomu Wambedde Vs. Electoral Commission & Anor. (Election Pet. No. 006of 2011) [2011] UGHC 119 (17 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.