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THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CORAM: BYAMUGISHA, NSHIMYE&ARACH-AMOKO, JJA ELECTION PETITION APPEAL NO.6/11 BETWEEN 10 PAUL MWIRU:::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT AND 1. HON. IGEME NATHAN NABETA SAMSON 2. THE ELECTORAL COMMISSION:::::::::::::RESPONDENTS 3. NATIONAL COUNCIL FOR HIGHER EDUCATION 20 [Appeal from the judgment and orders of the High Court of Uganda sitting at Jinja (Mugenyi J) dated 28th June 2011 in Election Petition No.3/11] JUDGMENT OF BYAMUGISHA, JA. This is a first appeal from the decision of the High Court wherein the appellant’s petition seeking to annul the election of the first respondent as a Member of Parliament for Jinja East Constituency was dismissed. The court ordered each party to bear its own costs. There is a cross-appeal against that 30 order. On 18th February, 2011 Parliamentary Elections were held throughout the country. The appellant, the first respondent, Dhikusoka Cranimer, Mudago Rogers, Mugabi Cyrus, Nagayi Moses, Osinde Oyo and Waiswa Alex were duly 1

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Mwiru v. Samson

Judgment

Question Presented: Whether the respondent’s education failed to meet the requirements for candidacy. If so, whether the respondent’s election as a Member of Parliament should be annulled.

Alleged Acts: After the February 18, 2011 election results were announced, the appellant challenged the outcome on the grounds that the respondent was not a qualified candidate at the time of his election as a Member of Parliament. In particular, the appellant argues that the respondents education did not meet the standards to run for office. The appellant makes a secondary argument that the respondent and his agents committed numerous election offenses, but does not name them specifically.

Procedural history: The appellant sought that the election results be annulled and the runner-up declared the Member of Parliament or a fresh election ordered. The respondent denies all charges and asks for dismissal of the action. The lower court dismissed the petition and required that each party pay its own costs.

Summary: The appellant argues that because the academic qualifications were completed outside of Uganda, they did not necessarily meet the equivalent of requirements. He appellant further contends that the respondent did not consult with the National Council for Higher Education to determined that degrees were actually equivalents. The respondent stated that he did not do so because he had in prior elections. The statutory framework requires consultation, however, the court determined that prior or general consultation is not sufficient to equate the education component. The appellant presented evidence or bribery, but the lower court dismissed the claim after the respondent simply denied the claim. The evidence included promising and agents delivering welding machines for voters to registered voters. The absence of any documentation or any contradictory evidence was insufficient for the trial judge to combat this claim.

Conclusion: court determined that lower court placed a high burden of proof on the appellant, that the respondent lacked the equivalent academic qualifications, and committed bribery. The election results annulled and order fresh elections.

Legal Issue(s)

Disputing Results
Electoral Integrity

Applicable Law(s): Parliamentary Elections Act sec. 4, 60, 61(a),(c), & (d), 62, & 63.

Region: Africa

Country: Uganda

Language of Decision

English

Court: Appellate Court

Election Type: Parliamentary

Date of decision: Jun 28, 2011

Geolocation

Latitude: 0.305568717

Longitude: 32.48922821

: Geolocation

Primary Documents

court-appeal-2011-9.pdf
English
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