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delivered welding and compressor machines to four garage owners in Jinja on 5th February 2011 as part of prosperity for all programme. Kasaija Edison also stated in his affidavit that he personally received the machines and in the acknowledgement sheet he stated that he received the same from H.E. President Yoweri Museveni From the affidavit evidence which I have tried to summarize, there is no dispute that welding and compressor machines were delivered to a number of garages in and around the constituency which the 1st respondent represents in Parliament. 10 The exercise took place during the campaign period of the last elections. The issue to resolve is the origin of the machines. Whereas Bukenya and Kalulu claimed in the acknowledgment sheet attached to their respective affidavits show that the machines were received from H.E.President Museveni they contradicted themselves when they stated that it is government which gave out the machines. H.E. the President did not depone any affidavit to support the claim of the witnesses that indeed he is the one who gave out the machines or that he sent some one to deliver the same on his behalf. Wakita on his part stated that he gave out machines to four garages with a State House official called Lubanga who did not depone any affidavit. He also 20 claimed that Moses Byaruhanga had promised to communicate the concerns of the garage owners to H.E the President and revert back to him (the witness) 21

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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

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