Election Judgments - IFES

Election Judgments - IFES

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30 shown of 317 entities

Odinga v. IEBC

Question Presented
Which party has the burden of proof to contest an election?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
Region
Africa
Country
Kenya
Language of Decision
  • English
Date of decision
Sep 1, 2017
Judgment
View

Chilima v. Mutharika (lower court decision)

Question Presented
Whether the Electoral Commission breach its duty under section 76, 77, and 40 of the Constitution of Malawi. These duties include ensuring the absence of electoral irregularities, illegalities, and failed provide proper oversight and verification.
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • EMB Operation
Region
Africa
Country
Malawi
Language of Decision
  • English
Date of decision
Feb 3, 2020
Judgment
View

Democratic Alliance v. Electoral Commission

Question Presented
Whether the Commission is able to make this determination and implement the enforcement action.
Legal Issue(s)
  • EMB Operation
Region
Africa
Country
South Africa
Language of Decision
  • English
Judgment
View

Human Rights Network of Uganda v. Attorney General

Question Presented
Whether the Public Order Management Act of 2013 violates the Uganda Constitution? Whether parliament and the executive may pass legislation in response to decision of the court?
Legal Issue(s)
  • Elections as a Fundamental Right
  • Electoral Violence and Intimidation
  • Judicial Independence
Region
Africa
Country
Uganda
Language of Decision
  • English
Date of decision
Mar 26, 2020
Judgment
View

Hichilema v. Lungu

Question Presented
Does the Court have jurisdiction to hear the election petition after the expiry of the 14 day constitutionally prescribed period?
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
Region
Africa
Country
Zambia
Language of Decision
  • English
Date of decision
Sep 5, 2016
Judgment
View

Mavedzenge v. Minister of Justice, Legal and Parliamentary Affairs

Question Presented
Applicant seeks declaration of constitutional invalidity of Electoral Act section 192(6), particularly striking the phrase "approved by the Minister" from the provision. Is the Minister's approval requirement tantamount to the ZEC being subject to his direction and control?
Legal Issue(s)
  • EMB Independence
Region
Africa
Country
Zimbabwe
Language of Decision
  • English
Date of decision
May 31, 2018
Judgment
View

APDH v. Cote d'Ivoire

Question Presented
Whether the composition of the IEC is in conformity with the Constitution.
Legal Issue(s)
  • EMB Independence
  • EMB Operation
Region
Africa
Country
Ivory Coast
Language of Decision
  • English
  • French
Date of decision
Nov 18, 2016
Judgment
View

Tanganyika Law Society v. Tanzania

Question Presented
Whether the Tanzania regulation prohibiting independent candidates from seeking public office is unconstitutional?
Legal Issue(s)
  • Candidate Registration
  • Judicial Independence
Region
Africa
Country
Tanzania. United Republic of
Language of Decision
  • English
Date of decision
Jun 14, 2019
Judgment
View

National Elections Commission v. Brumskine

Question Presented
Should elections be annulled when there were late openings of polls, changes of polling stations, inaccurate voter registration lists, and an absence of queue controllers?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • Voter Registration
Region
Africa
Country
Liberia
Language of Decision
  • English
Date of decision
Dec 7, 2017
Judgment
View

Uzodinma v. Ihedioha

Question Presented
Whether the votes administered on incorrect ballots were improperly considered void. Whether the Governor failed to ascertain a majority vote based upon those results.
Legal Issue(s)
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
Region
Africa
Country
Nigeria
Language of Decision
  • English
Date of decision
Jan 14, 2020
Judgment
View

Timba v. Electoral Commission

Legal Issue(s)
  • Civil Procedure
  • Disputing Results
Region
Africa
Country
Zimbabwe
Language of Decision
  • English
Date of decision
Jan 9, 2014
Judgment
View

Re Culleton

Legal Issue(s)
  • Candidate Registration
Region
Africa
Country
Nigeria
Language of Decision
  • English
Date of decision
Jan 31, 2017
Judgment
View

New Nation Movement NPC and Others v President of the Republic of South Africa

Question Presented
Whether the requirement of political party membership for candidate eligibility is constitutional.
Legal Issue(s)
  • Candidate Registration
Region
Africa
Country
South Africa
Language of Decision
  • English
Date of decision
Jun 11, 2020
Judgment
View

Inkatha Freedom Party v. Independent Electoral Commission

Question Presented
Whether alleged electoral illegalities were sufficient to require an investigation into the election results.
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
Region
Africa
Country
South Africa
Language of Decision
  • English
Date of decision
Jul 14, 2001
Judgment
View

Mwiru v. Samson

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.
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
Region
Africa
Country
Uganda
Language of Decision
  • English
Date of decision
Jun 28, 2011
Judgment
View

Odhiambo Oduol v. Independent Electoral & Boundaries Commission

Question Presented
Whether petitioner’s affidavit verifying a video recording meets the evidentiary burden outlined in Section 107 of the Evidence Act relating to electronic evidence.
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • Vote Verification and Transmission
Region
Africa
Country
Kenya
Language of Decision
  • English
Date of decision
Jun 5, 2013
Judgment
View

Odinga, et. al v. Ruto

Question Presented
Whether petitioners’ evidence of interference and election fraud satisfied the appropriate level of evidence as required by the Court and affected the election result, warranting the cancellation and rerun of the election?
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
  • Electronic Voting
  • EMB Operation
Region
Africa
Country
Kenya
Language of Decision
  • English
Date of decision
Sep 5, 2022
Judgment
View

Abubakar v. Independent Electoral Commission

Question Presented
Whether the President was not duly elected to his position based upon alleged corruption in the vote counting.
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
  • Electoral Integrity
Region
Africa
Country
Nigeria
Language of Decision
  • English
Date of decision
Nov 5, 2019
Judgment
View

Amalgamated Rural Teachers Union of Zimbabwe v. ZANU-PF

Question Presented
Should an interdict be ordered against the respondents for several coercion related activities towards children in schools?
Legal Issue(s)
  • Electoral Violence and Intimidation
Region
Africa
Country
Zimbabwe
Language of Decision
  • English
Date of decision
Jun 28, 2018
Judgment
View

Election Resource Centre v. Charumbira

Question Presented
Is it inappropriate for a tribal leader to make public statements in support of a party?
Legal Issue(s)
  • Candidate Registration
Region
Africa
Country
Zimbabwe
Language of Decision
  • English
Date of decision
May 23, 2018
Judgment
View

Electoral Commission v. Malawi Congress Party

Legal Issue(s)
  • Electoral Administration Irregularities
  • Electoral Integrity
Region
Africa
Country
Malawi
Language of Decision
  • English
Judgment
View

Kham v. Electoral Commission

Question Presented
Should elections be annulled when the IEC did not provide timely access to voter rolls to the petitioners before elections?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • Voter Registration
Region
Africa
Country
South Africa
Language of Decision
  • English
Date of decision
Nov 1, 2015
Judgment
View

Tchimon v. Issouf

Question Presented
Whether violence and disturbance against voters at polling centers took place and whether the elected candidate (defendant) was aware/ responsible for these violations? Whether these violations at the polling stations altered the fairness of the polls on election day?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • Electoral Violence and Intimidation
Region
Africa
Country
Ivory Coast
Language of Decision
  • French
Date of decision
Nov 30, 2018
Judgment
View

Jupica vs Nec

Question Presented
Whether the postponement of the Liberian elections to a date when the Ebola threat was still ongoing was unconstitutional?
Legal Issue(s)
  • Electoral Administration Irregularities
  • EMB Independence
  • Health Concerns & Election Administration
Region
Africa
Country
Liberia
Language of Decision
  • English
Date of decision
Jan 13, 2016
Judgment
View

Kitute v. Independent Electoral and Boundaries Commission

Question Presented
Is electronic evidence submitted in support of allegations of election fraud subject to the Evidence Act, which requires authentication or certification by an appropriate authority or expert?
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
  • Electronic Voting
Region
Africa
Country
Kenya
Language of Decision
  • English
Date of decision
Nov 6, 2017
Judgment
View

Zimbabwe Election Resource Centre Trust v. Zimbabwe Electoral Commission

Question Presented
Whether the Zimbabwe Electoral Commission must furnish voter rolls under the Zimbabwe Constitution.
Legal Issue(s)
  • Vote Form Irregularities
  • Vote Verification and Transmission
Region
Africa
Country
Zimbabwe
Language of Decision
  • English
Date of decision
Jun 6, 2018
Judgment
View

National Elections Commission v. Siebo

Question Presented
Whether the respondent lost his right to appeal the Review Panel rejection of his application when he failed to meet the Election Commission’s deadline.
Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
Region
Africa
Country
Liberia
Language of Decision
  • English
Date of decision
Sep 19, 2017
Judgment
View

Karnwea v. National Elections Commission

Question Presented
Whether an investigation is necessary to prohibit a candidate from running when they allegedly do not meet the qualifications? Whether the Election Commission may go beyond the statutorily prescribed penalties for not meeting a qualification?
Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
  • EMB Independence
Region
Africa
Country
Liberia
Language of Decision
  • English
Date of decision
Jul 20, 2017
Judgment
View

In re Article 27 (3) & (8) of the Constitution of Kenya 2010

Question Presented
Whether failure to enact the two-third gender rule despite Court orders to do so calls for dissolvement of the Parliament.
Legal Issue(s)
  • Gender
  • Quotas
Region
Africa
Country
Kenya
Language of Decision
  • English
Date of decision
Sep 21, 2020
Judgment
View

Plaaslike Besorgde Inwoners v. Independent Electoral Commission

Question Presented
Whether the municipal government elections for four wards in the George Local Municipality should be annulled due to alleged wrongs and irregularities in the voting and counting procedures.
Legal Issue(s)
  • Disputing Results
Region
Africa
Country
South Africa
Language of Decision
  • English
Date of decision
Jan 5, 2021
Judgment
View

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