warranting invalidating the elections in the entire constituency. Further it is now settled law that a party seeking to overturn an election result on the grounds of non compliance and or irregularities irrespective of whether he goes by the quatitative or qualitative test must show not only the effect of the non compliance or irregularities but must also satisfy the court that that effect on the results was substantial . I appreciate there were several weaknesses in the management of the Parliamentary election in Mukono county North exemplified by failure to provide some of the vital election materials like Declaration of Results Forms, lack of adequate lighting at some polling stations where the voting and counting of votes spilled over into the evening in the dark, e.t.c. There is however, on the whole, insufficient evidence, in my view, to determine the effect of those weaknesses and the non compliance to justify a finding that the results of the election for the member of parliament for the constituency were substantially affected and to the prejudice of the appellant. In the final result and for the reasons given above, I would allow the appeal with costs to the appellants both here and at the High Court. Dated this……26th ……day of…March…….2009 ………………………………….. STEVEN S.B.K KAVUMA, JUSTICE OF APPEAL

Select target paragraph3