Lawpoint Uganda

The Court observed that Article 61(1)(f) of the Constitution empowers the Electoral Commission to hear and determine election complaints arising before and during polling. In tandem, Article 64(1) of the Constitution grants a right of appeal to the High Court for any person aggrieved by a decision of the Electoral Commission made within that mandate. These constitutional provisions are operationalized by Section 15 of the Electoral Commission Act, Cap 176, which authorizes th

Courts must administer substantive justice without undue regard to technicalities." Allowing the appeal would deny voters choice and impose the Petitioner without mandate. "To allow the appeal this Court will be denying the voters of Nakawa Division West Constituency the opportunity of choosing their representative to parliament." Citing Kasangaki Diana v. Fulgensia Tumwesigye (Civil Application No. 21/2023): "substantive justice outweighs procedural technicalities, clerical

Section 4(4)(a) of the Parliamentary Elections Act, Cap 177, requiring public officers to resign at least 90 days before nomination, remains constitutionally valid despite arguments based on the Kwizera Eddie case. The Supreme Court's decision in Wasike Stephen Mugeni definitively settled that Article 80(4) and its statutory equivalent remain enforceable.

The Court rejected reliance on a social media-sourced decision: "The use of a decision got from social media (WhatsApp) to base her petition was like using the UNEB results sent via an SMS to the students. The result may be right but no institution will admit a student on the basis of those results sent by SMS. The institutions will usually insist on the official result slip issued by the awarding institution."

The High Court dismissed the appeal. It held that the Petitioner was not validly nominated because his primary academic qualification (the Mature Age Certificate) had expired under the law prior to the date of nomination. The Electoral Commission’s decision to denominate him was upheld.