Wakilii

Sebyala Charles Salongo v Sempagama Musoke Kizito and Another (Local Government Election Petition No. 26 of 2006)

High Court · [2007] UGHC 8 · 2007 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging Local Council 3 Chairperson election results
Decision
Election petition dismissed; 1st Respondent's election as LC III Chairperson upheld

Observed later treatment

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Holding

The High Court dismissed the election petition challenging the election of Sempagama Musoke Kizito as Chairperson LC III of Luwero Town Council. While the court found non-compliance with electoral laws in voter registration and roll cleaning at certain polling stations, the non-compliance did not affect the election result in a substantial manner. The petitioner failed to prove illegal practices including bribery, multiple voting, or distribution of voter cards by the 1st Respondent on a balance of probabilities.

Outcome

Election petition dismissed; 1st Respondent's election as LC III Chairperson upheld

Facts

On 10 March 2006, elections were held for the LC III Chairperson of Luwero Town Council. The 1st Respondent was declared winner with 2,763 votes against the Petitioner's 2,714 votes, a margin of 49 votes. The Petitioner challenged the results alleging that the Electoral Commission failed to conduct the election in compliance with electoral laws, particularly regarding registration of non-residents and multiple voter registration. The Petitioner also alleged that the 1st Respondent engaged in illegal practices including bribery, distributing voter cards, using agents to impersonate voters, and holding rallies on voting day. The petition was filed within 14 days of the Electoral Commission's gazette notice of results.

Issues

  1. Whether the election of the 1st Respondent as Chairperson L.C III of Luwero Town Council was conducted in compliance with the provisions of the Local Government Act and other Electoral laws, and in accordance with the principles laid down in the said laws.
  2. If the answer to issue No.1 above is in the negative whether the non-compliance and failure affected the result of the election in a substantial manner.
  3. Whether any illegal practice or offence under the Local Government Act was committed in connection with the election by the 1st Respondent personally or by his agents with his knowledge and consent or his approval.
  4. Whether the parties are entitled to the remedies sought.

Orders

  • Affidavits of Luwalira Anaset, Kyolaba Nakakooza, Nakibowa Pross, Nabyonga Tereza, Umaru Gitta Ssalongo, Nsamba George and Mutyaba Harunah struck out for not being properly sworn before a Commissioner for Oaths.
  • Petition dismissed.
  • Costs awarded to both the 1st and 2nd Respondents.

Rules and key headnotes

Electoral Law — Election Petitions — Validity of Affidavits — Requirement of Swearing Before Commissioner for Oaths
An affidavit not sworn before a Commissioner for Oaths does not amount to a valid affidavit of the deponent and will be struck out, regardless of whether signatures were witnessed by counsel or another person not empowered to administer oaths.
Electoral Law — Election Petitions — Standard of Proof — Balance of Probabilities
Grounds for setting aside an election must be proved on a balance of probabilities, not beyond reasonable doubt.
Electoral Law — Voter Registration — Duty to Verify Residence and Origin
Registration officers have a statutory duty under s.23(4)(a) of the Electoral Commission Act to demand information necessary to ascertain whether an applicant is qualified to be registered as a voter, including verification of the applicant's residence or origin within the parish.
Electoral Law — Grounds for Setting Aside Election — Substantial Effect Test
An election will not be set aside for non-compliance with electoral law unless the non-compliance affected the result in a substantial manner; the test is whether the non-compliance was fairly calculated in a rational mind to produce a substantial effect upon the result, requiring an evaluation of the entire electoral process, not merely arithmetical comparison of vote margins.
Electoral Law — Voter Register — Duty to Update and Clean Register
The Electoral Commission has a statutory duty to efficiently update and clean the voters' register before any election; failure to remove names of persons properly objected to during display exercise constitutes non-compliance with s.25 of the Electoral Commission Act and s.106 of the Local Governments Act and violates principles of proper voter registration, fairness and transparency.
Electoral Law — Illegal Practices — Bribery — Acts Before Becoming Candidate
Acts alleged as bribery or other electoral offences committed by a person before nomination as a candidate cannot form the basis for setting aside that person's subsequent election, as the prohibition on illegal practices applies only to acts committed by or on behalf of a candidate in connection with the election.
Electoral Law — Election Petitions — Burden of Proof — Need for Cogent Evidence
Where a petitioner alleges multiple voting or use of ghost voters affected the election result, cogent evidence direct or circumstantial must establish not only that the irregularity occurred but that it actually affected the result; mere presence of names on a voter roll without proof those persons voted, or that votes cast went to the winning candidate, is insufficient.

Legislation cited (28)

  • Local Governments Act Cap.243 s.138(1)
  • Local Governments Act Cap.243 s.138(3)
  • Local Governments Act Cap.243 s.138(4)
  • Local Governments Act Cap.243 s.142(2)
  • Local Governments Act Cap.243 s.142(3)
  • Local Governments Act Cap.243 s.139
  • Local Governments Act Cap.243 s.139(a)
  • Local Governments Act Cap.243 s.139(c)
  • Local Governments Act Cap.243 s.136(1)
  • Local Governments Act Cap.243 s.137(3)
  • Local Governments Act Cap.243 s.147(1)
  • Local Governments Act Cap.243 s.155(1)(b)
  • Local Governments Act Cap.243 s.106
  • Local Governments Act Cap.243 s.172
  • Local Governments (Amendment) Act No.20/2005
  • Electoral Commission Act Cap.140 s.19(1)
  • Electoral Commission Act Cap.140 s.19(3)
  • Electoral Commission Act Cap.140 s.19(4)
  • Electoral Commission Act Cap.140 s.23(4)(a)
  • Electoral Commission Act Cap.140 s.25
  • Electoral Commission Act Cap.140 s.25(3)
  • Electoral Commission Act Cap.140 s.25(4)
  • Electoral Commission Act Cap.140 s.25(5)
  • Electoral Commission Act Cap.140 s.26(1)
  • Parliamentary Elections Act 17 of 2005 s.61(3)
  • Parliamentary Elections (Election Petition) Rules SI 141-2
  • Commissioner for Oaths Act
  • Illiterates Act

Cases cited (4)

  • Col. (Rtd.) Dr. Besigye Kizza v Museveni Yoweri Kaguta and Electoral Commission (Election Petition No. 1 of 2001)
  • Bakunda Darlington v Dr. Kinyatta Stanley and Another (Civil Appeal No. 27 of 1996)
  • Morgan and Others v Simpson and Another [1975] IQ.B.151
  • Triloknath Bhandari and Another v S.R. Gautama [1964] E.A.606

Full judgment

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

Sebyala Charles Salongo v Sempagama Musoke Kizito and Another (Local Government Election Petition No. 26 of 2006) [2007] UGHC 8 (17 April 2007)
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.