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The evidence was given in the affidavit of Mutebi Muhammed, Magezi Daniel, Lwala Abdulla, Bamuranzaki Godfrey and Kalema Emmanuel for the appellant. These witnesses stated in their respective affidavits that on 7 th February 2011 the 1st respondent visited their respective garages accompanied by six men. He donated welding and spraying machines to their respective garages and asked them for their votes. They were registered voters. The 1st respondent in his second affidavit dated 24th May 2011 in paragraphs 16 and 17 denied the allegations. He stated that on 7th February 2011 he carried out 10 door to door campaigns in Community Centre within Walukuba West in accordance with approved campaign programme. Four other witnesses deponed affidavits to explain the origin of the spraying and welding machines which were donated during the campaign period. The witnesses in question are Muwereza Kalulu, Daniel Bukenya, Wakita Najib and Kasaija Edison. Kalulu in his affidavit stated that long before the 2011 Presidential and Parliamentary elections H.E. the President toured NAADS projects in Busoga Sub-region. The witness and several other people held a meeting with one Moses Byaruhanga, a Presidential Assistant. 20 They told him that NAADS programmes cannot benefit people who live in town. Moses Byaruhanga is said to have promised that Government will get them one central place and provide them with machinery which they require. 19

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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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Election Judgments - IFES

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Mwiru v. Samson

Primary Documents

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