THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CORAM:
HON. JUSTICE S.G. ENGWAU, JA
HON. JUSTICE C.K. BYAMUGISHA, JA
HON. JUSTICE S.B.K. KAVUMA, JA
ELECTION PETITION APPEAL NOS. 1 AND 2 OF 2007
BETWEEN
1. ELECTORAL COMMISSION
2. BAKALUBA PETER MUKASA ::::::::::::::::::: APPELLANTS
AND
NAMBOOZE BETTY BAKIREKE ::::::::::::::::: RESPONDENT
[Appeal from Election Petition No.14 of 2006 of the High Court, at Kampala (Amoko
Arach,J.) dated 19th January 2007]
JUDGMENT OF ENGWAU, JA.
In their joint scheduling memorandum, counsel for the appellants and respondent
agreed on the following facts: The National Elections were held on 23rd February
2006. The respondent (Nambooze) contested with Bakaluba Peter Mukasa, and one
Kawadwa Dawood Katamba for the Parliamentary seat of Mukono North
Constituency, contending on the DP, NRM and UPC tickets respectively.
At the end of the election, the 1st appellant, Electoral Commission (EC) declared the
2nd appellant [Bakaluba Peter Mukasa] as the winner with 22,680 votes; the
respondent obtained 22,232 votes, while Kawadwa Dawood Katamba got 627 votes.
The results were published in the Uganda Gazette of 27th February 2006.
Dissatisfied with the results, the respondent petitioned the High Court at Kampala
vide Election Petition No.14 of 2006 challenging the results on the grounds that the
elections were not conducted in compliance with the electoral laws thus affecting the
result in a substantial manner; and that the 2nd appellant personally or through his
agents committed election offences and illegal practices.