Election Judgments - IFES

Election Judgments - IFES

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30 shown of 41 entities

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
Country
Kenya
Language of Decision
  • English
Date of decision
Jun 5, 2013
Date added
Sep 14, 2022
Judgment
View

Masumba v. Kamondo

Question Presented
Whether the respondent was properly elected as a Member of Parliament on account of allegations made against him by the appellant of illegal acts or misconduct (i.e., defamation or inflammatory statements, intimidation and violence, and undue influence) during the campaign period.
Legal Issue(s)
  • Disputing Results
  • Electoral Violence and Intimidation
Country
Zambia
Language of Decision
  • English
Date of decision
Nov 17, 2017
Date added
Sep 13, 2022
Judgment
View

Marube Ombeta, Kamotho Njenga v. Independent Electoral and Boundaries Commission

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
Country
Kenya
Language of Decision
  • English
Date of decision
Jun 13, 2022
Date added
Sep 13, 2022
Judgment
View

The National Electoral Board of Ethiopia v. The Harari Peoples’ Regional State, Harari National Congress

Question Presented
Whether the decision by the Election Bench of the FSC ordering the NEBE to continue the practice, during the 6th general elections, of allowing members of the Harari community residing outside of the Harari People’s Regional State to elect members of the Harari National Congress (which is part of the Harari People’s Regional State Council (regional parliament)) contained an error of law.
Legal Issue(s)
  • Elections as a Fundamental Right
Country
Ethiopia
Language of Decision
  • Amharic
Date of decision
May 27, 2021
Date added
Oct 19, 2021
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
Country
South Africa
Language of Decision
  • English
Date of decision
Jan 5, 2021
Date added
Feb 17, 2021
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
Country
Kenya
Language of Decision
  • English
Date of decision
Sep 21, 2020
Date added
Oct 2, 2020
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
Country
Liberia
Language of Decision
  • English
Date of decision
Jul 20, 2017
Date added
Oct 1, 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
Country
South Africa
Language of Decision
  • English
Date of decision
Jul 14, 2001
Date added
Sep 23, 2020
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
Country
Liberia
Language of Decision
  • English
Date of decision
Sep 19, 2017
Date added
Sep 16, 2020
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
Country
Liberia
Language of Decision
  • English
Date of decision
Jan 13, 2016
Date added
Aug 26, 2020
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
Country
Uganda
Language of Decision
  • English
Date of decision
Jun 28, 2011
Date added
Jul 24, 2020
Judgment
View

Opendi v. Electoral Commission

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
Country
Uganda
Language of Decision
  • English
Date of decision
Sep 23, 2011
Date added
Jul 24, 2020
Judgment
View

Kyewalabye v. Electoral Commission

Question Presented
Whether the plaintiff has the evidentiary burden to contest the election results.
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
Country
Uganda
Language of Decision
  • English
Date of decision
Oct 3, 2016
Date added
Jul 24, 2020
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
Country
South Africa
Language of Decision
  • English
Date of decision
Jun 11, 2020
Date added
Jun 11, 2020
Judgment
View

Re Culleton

Legal Issue(s)
  • Candidate Registration
Country
Nigeria
Language of Decision
  • English
Date of decision
Jan 31, 2017
Date added
Jun 9, 2020
Judgment
View

Mutharika v. Chilima

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.)
Country
Malawi
Language of Decision
  • English
Date of decision
May 8, 2020
Date added
Jun 8, 2020
Judgment
View

Freedom Front Plus v. Electoral Commission of South Africa

Legal Issue(s)
  • EMB Operation
Country
South Africa
Language of Decision
  • English
Date of decision
Apr 29, 2019
Date added
Jun 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
Country
South Africa
Language of Decision
  • English
Date added
Jun 3, 2020
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
Country
Nigeria
Language of Decision
  • English
Date of decision
Nov 5, 2019
Date added
Jun 3, 2020
Judgment
View

Yusuf v. INEC

Question Presented
Whether the respondent was not duly elected in the election and the re-run of the election.
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
Country
Nigeria
Language of Decision
  • English
Date of decision
Jan 20, 2020
Date added
Jun 2, 2020
Judgment
View

People's Democratic Party v. Degi Eremienyo

Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
Country
Nigeria
Language of Decision
  • English
Date of decision
Feb 13, 2020
Date added
Jun 2, 2020
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
Country
Nigeria
Language of Decision
  • English
Date of decision
Jan 14, 2020
Date added
Jun 2, 2020
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
Country
Malawi
Language of Decision
  • English
Date of decision
Feb 3, 2020
Date added
May 22, 2020
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
Country
Uganda
Language of Decision
  • English
Date of decision
Mar 26, 2020
Date added
May 20, 2020
Judgment
View

Electoral Commission of Uganda v. Bakireke

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
Country
Uganda
Language of Decision
  • English
Date of decision
Jan 19, 2007
Date added
Aug 7, 2019
Judgment
View

Siwale v. Electoral Commission of Zambia

Question Presented
Can the referendum proceed without being voted on as a bill as constitutionally required?
Legal Issue(s)
  • Disputing Results
  • Voter Registration
Country
Zambia
Language of Decision
  • English
Date of decision
Feb 14, 2018
Date added
Aug 7, 2019
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
Country
Tanzania. United Republic of
Language of Decision
  • English
Date of decision
Jun 14, 2019
Date added
Aug 1, 2019
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
Country
Ivory Coast
Language of Decision
  • English
  • French
Date of decision
Nov 18, 2016
Date added
Aug 1, 2019
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
Country
Ivory Coast
Language of Decision
  • French
Date of decision
Nov 30, 2018
Date added
Jul 22, 2019
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
Country
Zimbabwe
Language of Decision
  • English
Date of decision
May 31, 2018
Date added
Jul 16, 2019
Judgment
View

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