Wakilii

Sentaro and Others v Forum for Democratic Change and 2 Others (Election Petition 83 of 2015)

High Court · [2016] UGHCEP 335 · 2016 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging FDC party primary elections for flag bearer nominations
Decision
Petition dismissed in its entirety — petitioners either lacked standing, adduced no evidence, or failed to exhaust internal party remedies

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that party members who stood as independent candidates ceased membership under FDC Constitution Art 12(d) and therefore lacked locus standi to challenge internal party elections. Held that petitioners adducing no affidavit evidence could not sustain their claims. Held that the prayer for fresh primaries was rendered moot by completion of the nomination process. Held that party members must exhaust internal dispute resolution mechanisms, specifically the National Election Tribunal under FDC Constitution Art 27G, before approaching the High Court. Petition dismissed.

Outcome

Petition dismissed in its entirety — petitioners either lacked standing, adduced no evidence, or failed to exhaust internal party remedies

Facts

The petitioners were members of the Forum for Democratic Change party who challenged primary elections held on 8 June 2015 and 11 November 2015 for party flag bearers. They alleged the primaries were marred by bribery, intimidation, assaults, and irregularities including presiding officers being contestants and misleading venue announcements. After the primaries, three petitioners (1st, 3rd, and 5th) were nominated as independent candidates by the Independent Electoral Commission. Two petitioners (4th and 6th) filed no supporting affidavits. The 2nd petitioner swore an affidavit but was omitted from the body of the petition. By the time of hearing, the nomination process for the 2016 elections had been completed.

Issues

  1. Whether petitioners who subsequently stood as independent candidates retained locus standi to challenge FDC party primary elections.
  2. Whether petitioners who adduced no evidence in support of their claims could sustain the petition.
  3. Whether a petition seeking fresh party primaries had been rendered moot by completion of the nomination process.
  4. Whether the petitioner was required to exhaust internal party dispute resolution mechanisms before approaching the High Court.

Orders

  • Petition of Sentaro Byamugisha dismissed for want of locus standi.
  • Petition of Tituryeba Julius dismissed for want of locus standi.
  • Petition of Byomuhangi Pius dismissed for want of locus standi.
  • Petition of Monday Evarist dismissed for lack of evidence.
  • Petition of Kyakunzire Moreen dismissed for lack of evidence.
  • Petition of Tumwesigye Leopold dismissed for failure to exhaust internal party dispute resolution mechanisms.
  • No order as to costs.

Rules and key headnotes

Electoral Law — Party Primaries — Locus Standi — Effect of Standing as Independent Candidate
A member of a political party who stands as an independent candidate in an election ceases to be a member of that party under Article 12(d) of the FDC Constitution and thereby loses locus standi to challenge the party's internal electoral processes.
Constitutional Law — Political Parties — Freedom to Stand as Independent — Interaction with Party Membership
Article 72(4) of the Constitution of the Republic of Uganda guarantees any person the freedom to stand for election as an independent candidate without party sponsorship, and party constitutions may lawfully provide that exercising this right terminates party membership.
Electoral Law — Party Primaries — Mootness — Effect of Completion of Nomination Process
Where a petition seeks an order for fresh party primaries but the Independent Electoral Commission has completed the nomination process and flag bearers have been nominated, the petition is rendered moot and academic, and the court may decline to determine issues that have become lifeless and inescapably doomed to fail.
Electoral Law — Party Primaries — Internal Dispute Resolution — Exhaustion of Remedies
A member of a political party who challenges the conduct of party elections must first exhaust internal party dispute resolution mechanisms, including submission to the National Election Tribunal established under the party constitution, before approaching the High Court.
Constitutional Law — Political Parties — Acceptance of Party Constitution — Binding Effect
By joining a political party, a person signifies acceptance of its constitution, regulations, and practices and is bound by the legal regime of that party, notwithstanding the unlimited jurisdiction of the High Court under Article 139 of the Constitution.

Legislation cited (5)

Cases cited (3)

  • Eddie Kwizera Wa Gahungu v NRM and Another (HCCS No. 47 of 2015)
  • Prof Ephraim Kamuntu v NRM Electoral Commission (Court of Appeal Election Petition No. 45 of 2012)
  • Fox Odoi-Oywelowo v National Resistance Movement and Another (Constitutional Application No. 32 of 2015)

Full judgment

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

Sentaro and Others v Forum for Democratic Change and 2 Others (Election Petition 83 of 2015) [2016] UGHCEP 335 (13 January 2016)
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.