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Odinga v. IEBC
Document contents
Kenya as a sovereign Republic. They
urged that Kenya being a Republic, it must conduct itself and its elections
as a true Republic anchored on constitutional
- 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
Chilima v. Mutharika (lower court decision)
Document contents
Constitution of the Republic of Malawi;
(b) Whether the [2nd] Respondent breached its duty under Section 77 of the
Constitution of the Republic of Malawi; and,
- 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
Mavedzenge v. Minister of Justice, Legal and Parliamentary Affairs
Document contents
referred the court to the case of New National Party v Government
of the Republic of South Africa and Ors 1999 (3) SA 191 (CC) in which the South African
- 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
APDH v. Cote d'Ivoire
Alleged Acts
The plaintiff alleges that allowance of the a person representative of the President of the Republic
- 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
Tanganyika Law Society v. Tanzania
Procedural history
The National Assembly of the United Republic of Tanzania passed a law requiring all candidates for Presidential
- 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
National Elections Commission v. Brumskine
Document contents
IN THE HONOURABLE SUPREME COURT OF REPUBLIC OF LIBERIA
SITTING IN ITS OCTOBER TERM, A. D. 2017
BEFORE HIS HONOR:
BEFORE HIS HONOR:
BEFORE HER HONOR:
BEFORE HIS HONOR:
- 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
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
Inkatha Freedom Party v. Independent Electoral Commission
Document contents
of section 1(d) of the Constitution one of the founding values
of our Republic is universal adult suffrage.
After all the objects of the commission are
- 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
Mwiru v. Samson
Document contents
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::::::::::::::
- 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
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
Odinga, et. al v. Ruto
Document contents
(Election Petitions) (5 September 2022) (Judgment)
Neutral citation: [2022] KESC 54 (KLR)
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
ELECTION PETITIONS
PRESIDENTIAL ELECTION PETITION
- 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
Amalgamated Rural Teachers Union of Zimbabwe v. ZANU-PF
Document contents
the then first secretary of the first respondent and sitting President of the Republic - Mr
Robert Gabriel Mugabe - resigned after an unintermpted thirty seven years
- 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
Electoral Commission v. Malawi Congress Party
Document contents
REPUBLIC OF MALAWI
IN THE HIGH COURT OF MALAWI
LILONGWE DISTRICT REGISTRY
\
ELECTIONS CASE NO.7 OF 2019
BETWEEN:
THE STATE
-AND
THE ELECTORAL COMMISSION........................
- Legal Issue(s)
- Electoral Administration Irregularities
- Electoral Integrity
- Region
- Africa
- Country
- Malawi
- Language of Decision
- English
Judgment
Kham v. Electoral Commission
Document contents
Constitution.
24
New National Party of South Africa v Government of the Republic of South Africa and Others [1999] ZACC
5; 1999 (3) SA 191 (CC); 1999
- 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
Jupica vs Nec
Document contents
of Liberia, bordering the neighboring Republic of Guinea. There had
been an earlier report of an outbreak of the disease in the Republic of Guinea. Efforts to contain the
- 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
Kitute v. Independent Electoral and Boundaries Commission
Document contents
Kitute v Independent Electoral and Boundaries Commission & 2 others [2017] eKLR
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITUI
ELECTION PETITION NO 1 OF
- 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
National Elections Commission v. Siebo
Document contents
)
)
Republic of Liberia…………………….……………Complainant )
)
VERSUS
Nomination
)
)
The Nomination Committee of National Elections
Rejection
)
Commission (NEC) of the Republic of Liberia…Appellee
- 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
Karnwea v. National Elections Commission
Document contents
IN THE HONORABLE SUPREME COURT OF THE REPUBLIC OF LIBERIA
SITTING IN ITS MARCH TERM, A. D. 2017
BEFORE HIS HONOR: FRANCIS S. KORKPOR, SR......................CHIEF JUSTICE
- 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
Marube Ombeta, Kamotho Njenga v. Independent Electoral and Boundaries Commission
Document contents
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
(Coram: A. C. Mrima, J.)
CONSTITUIONAL PETITION NO. E211 OF 2022
(Consolidated
- Question Presented
- Whether the Independent Electoral and Boundaries Commission (IEBC)’s decision to implement the two-thirds gender rule for the 2022 elections is unconstitutional. Whether the IEBC’s decision to reject the petitioner’s candidate nominations list for the National Assembly and the Senate was unconstitutional.
- Legal Issue(s)
- Candidate Registration
- Gender
- Quotas
- Region
- Africa
- Country
- Kenya
- Language of Decision
- English
- Date of decision
- Jun 13, 2022
Judgment
Ochieng' v. Orange Democratic Movement
Document contents
Maxwel Ochieng’ & another v Orange Democratic Movement [2017] eKLR
REPUBLIC OF KENYA
POLITICAL PARTIES DISPUTES TRIBUNAL
COMPLAINT NO. 191 OF 2017 CONSOLIDATED
WITH COMPLAINT
- Question Presented
- Was the respondent's nomination free, fair, and credible? Should the election be annulled when the respondents locked themselves in a room with the ballot boxes and papers, preventing the petitioner from entering?
- Legal Issue(s)
- Disputing Results
- Electoral Integrity
- Vote Form Irregularities
- Region
- Africa
- Country
- Kenya
- Language of Decision
- English
- Date of decision
- May 14, 2017
Judgment
Freedom Front Plus v. Electoral Commission of South Africa
Document contents
which the Electoral Court was established. It
is established for the whole of the Republic of South Africa with the status of the High
Court. Its chairperson must be
- Legal Issue(s)
- EMB Operation
- Region
- Africa
- Country
- South Africa
- Language of Decision
- English
- Date of decision
- Apr 29, 2019
Judgment
Mutharika v. Chilima
Document contents
Constitution of the Republic of Malawi;
10
(b)
whether the [2nd] Respondent breached its duty under section 77 ofthe
Constitution of the Republic of Malawi; and
- Question Presented
- Whether the standard that candidate must receive a majority of the votes means the highest percentage of votes or over 50%?
- Legal Issue(s)
- Voting Systems (Winner-take-all, proportional, etc.)
- Region
- Africa
- Country
- Malawi
- Language of Decision
- English
- Date of decision
- May 8, 2020
Judgment
My Vote Counts NPC v. Minister of Justice and Correctional Services
Document contents
political parties and independent candidates.
5
My Vote Counts NPC v President of the Republic of South Africa 2017 (6) SA 501 (WCC) (High Court
judgment).
6
2 of 2000
- Question Presented
- Is the current Promotion of Access to Information Act unconstitutional?
- Legal Issue(s)
- Campaign Finance
- Region
- Africa
- Country
- South Africa
- Language of Decision
- English
- Date of decision
- Jun 21, 2018
Judgment
Opendi v. Electoral Commission
Document contents
5
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA
AT KAMPALA
10
ELECTION PETITION APPEAL N0. 39 OF 2011
(Arising from Election Petition No. 28 of
- Question Presented
- Whether the invalidation of seventeen polling station results is sufficient grounds to annul the election results.
- Legal Issue(s)
- Disputing Results
- Vote Form Irregularities
- Region
- Africa
- Country
- Uganda
- Language of Decision
- English
- Date of decision
- Sep 23, 2011
Judgment
Electoral Commission of Uganda v. Bakireke
Document contents
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CORAM:
HON. JUSTICE S.G. ENGWAU, JA
HON. JUSTICE C.K. BYAMUGISHA, JA
HON. JUSTICE S.B.K. KAVUMA,
- Question Presented
- Was the election conducted legally? Did non-compliance substantially affect the results? Did the winning candidate commit electoral offenses? Did the trial judge err in annulling the elections at the trial level?
- Legal Issue(s)
- Disputing Results
- Electoral Violence and Intimidation
- Region
- Africa
- Country
- Uganda
- Language of Decision
- English
- Date of decision
- Jan 19, 2007
Judgment
Citizens United v. Federal Election Commission
Document contents
officials accountable to the people. See
Buckley, supra, at 14–15 (“In a republic where the people
are sovereign, the ability of the citizenry to make informed
- Question Presented
- 1) Did the Supreme Court's decision in McConnell resolve all constitutional as-applied challenges to the BCRA when it upheld the disclosure requirements of the statute as constitutional? 2) Do the BCRA's disclosure requirements impose an unconstitutional burden when applied to electioneering requirements because they are protected "political speech" and not subject to regulation as "campaign speech"? 3) If a communication lacks a clear plea to vote for or against a particular candidate, is it subject to regulation under the BCRA? 4) Should a feature length documentary about a candidate for political office be treated like the advertisements at issue in McConnell and therefore be subject to regulation under the BCRA?
- Legal Issue(s)
- Campaign Finance
- Electoral Integrity
- Region
- Americas
- Country
- United States of America
- Language of Decision
- English
- Date of decision
- Jan 21, 2010
Judgment
King v. Whitmer
Document contents
election machines and software filed against
Powell and her company, Defending the Republic,
Inc.: U.S. Dominion, Inc. v. Powell, No. 1:21-cv00040 (D.D.C. filed Jan.
- Question Presented
- Whether to impose sanctions on the Plaintiff’s attorneys for filing frivolous litigation in violation of Rule 11 of the Federal Rules of Civil Procedure.
- Legal Issue(s)
- Frivolous Litigation
- Region
- Americas
- Country
- United States of America
- Language of Decision
- English
- Date of decision
- Aug 25, 2021
Judgment
Quinn Leandro v. Jonas
Document contents
of the Election Rules.
New National Party of South Africa v Government of the Republic of
South Africa. (1995) 5 BCLR 489,mentioned.
4. Notwithstanding that late voting was
- Legal Issue(s)
- Disputing Results
- Electoral Administration Irregularities
- Electoral Integrity
- Region
- Americas
- Country
- Antigua and Barbuda
- Language of Decision
- English
- Date of decision
- Oct 27, 2010
Judgment
Rucho v. Common Cause
Document contents
the body politic.” G. Wood, Empire of Liberty: A History of the Early
Republic, 1789–1815, p. 140 (2009).
10
RUCHO v. COMMON CAUSE
KAGAN, J., dissenting
- Question Presented
- Whether partisan issues such as gerrymandering are justiciable by the court.
- Legal Issue(s)
- Electoral Maps and Districting
- Region
- Americas
- Country
- United States of America
- Language of Decision
- English
- Date of decision
- Jun 27, 2019
Judgment
In Re Case No. 9768, 9780 & 9828
Document contents
the claimant filed a complaint alleging forgery with the Attorney
General of the Republic (Procuraduría General de la República) on August 26, 1985, without any
apparent result
- Question Presented
- Whether the elections violated the citizen’s political rights even though the domestic options were exhausted.
- Legal Issue(s)
- Electoral Integrity
- EMB Independence
- EMB Operation
- Region
- Americas
- Country
- Mexico
- Language of Decision
- English
- Date of decision
- May 17, 1990
Judgment