consent, knowledge or approval which were neither properly pleaded nor
proved particularly the offence of bribery.
b)
That the trial judge was in error to find that as a result of the conduct of the
officials of the 1st appellant in connivance with the 2nd appellant and or
his agents committed electoral offences and illegal practices as a result of
which the results of the election in Mukono North Constituency were
substantially affected to the benefit of the 2nd
appellant and to the
detriment of the respondent.
The right to fair hearing is provided for in our constitution in Article 28 which reads
in part:“28 Right to Fair Hearing
1)
In the determination of Civil rights and obligations or any
criminal charge, a person shall be entitled to a fair, speedy
and public hearing before an independent and impertial
court or tribunal established by law”
By this constitutional provision, which is one of those that are underogable under
Article 44 of the Constitution, the right to a fair hearing is extremely important in the
adjudication of matters between parties.
To operationalise this constitutional provision with regard to the resolution of
electoral disputers among contestants, rule 4 of the Parliamentary Elections (Election
Petitions) Rules, S.I 141-2 was made under S93 of the Parliamentary Elections Act.
The rule provides inter alia
“4 Form of Petition
1)
………………
2)
Every petition shall state
a)
…………………………………
b)
The holding and results of the Election
together with a statement of the