Automated Summary
Key Facts
The 2016 Butambala District Woman Member of Parliament election was challenged by Aisha Kabanda Nalule (petitioner) who alleged irregularities including early polling closure and voter bribery by Lydia Mirembe Daphine (3rd respondent). The court found no credible evidence to support these claims, dismissing the petition and upholding the election results as valid. Key facts include the 67-vote margin, failed recount attempts, and rejection of witness testimonies due to contradictions and lack of physical evidence.
Issues
- Whether the election of the Butambala District Woman Member of Parliament was conducted in compliance with the electoral laws and practices.
- Whether the 3rd respondent, either personally or through her agent(s) with her knowledge and consent or approval, committed or indulged in the commission of any election offences, and or malpractices.
- What remedies are available to the parties?
- If not, whether the non-compliance, if any, affected the results in the said elections in a substantial manner.
Holdings
- The court rejected allegations that the 3rd respondent committed election offences, including voter bribery with cash and gifts, as the evidence was deemed unreliable and not proven on balance of probabilities. Witnesses for the petitioner were dismissed as partisan and inconsistent, with no concrete proof of bribery in monetary or material terms.
- The court found that the election for the Butambala District Woman Member of Parliament was conducted in compliance with electoral laws and that no substantial irregularities affected the results. The petitioner's claims of early polling closure and disenfranchisement were rejected due to lack of credible evidence and procedural errors in the petition filing.
- The court dismissed the petition with costs, declaring the 3rd respondent validly elected and denying the petitioner's requests for a recount or by-election. The Uganda Gazette gazetting the 3rd respondent's election could not be annulled, and the narrow 67-vote margin made a recount impractical due to lost ballot boxes and legal limitations.
Remedies
The petition is dismissed with costs under S. 63 (4) (a) of the Parliamentary Elections Act, 2005.
Legal Principles
- The court scrutinized the admissibility of affidavits and evidence. It rejected evidence from defective or incomplete affidavits (e.g., Sewagude Sulaiman's undated and altered affidavit) and questioned the reliability of hearsay or unverified claims. The court emphasized procedural requirements for evidence in election petitions, such as proper dating and authentication of documents.
- The court applied the standard of proof on the balance of probabilities to evaluate the petitioner's allegations. It found that the evidence presented by the petitioner (including affidavits and witness testimonies) failed to meet this threshold, as it was contradictory, lacked corroboration, and relied on unverified photocopies instead of original documents. The judge emphasized that allegations of election offences require clear and convincing evidence to be accepted.
- The burden of proof rested entirely on the petitioner to establish the alleged election irregularities and offences. The court noted that partisan witnesses (e.g., PW9, PW10, PW11) could not be trusted to provide impartial evidence, and the petitioner did not meet her burden to demonstrate that the 3rd respondent committed any illegal acts or that the election process was materially non-compliant with electoral laws.
Precedent Name
- Masiko Winifred Komuhangi Vs Winnie Babihuga J.
- Amama Mbabazi Vs Yoseri Kaguta & Others
- Dr. Epetait Francis Vs Dr. Isamat Abraham
- Inter freights Forwarders Ltd Vs East African Development Bank Ltd
- JB Kakooza Vs EC & Yiga Anthony
Cited Statute
- Parliamentary Elections Act, 2005
- Parliamentary Elections (Interim Provisions) Rules – SI 141-2
Judge Name
Vincent Okwanga
Passage Text
- I find no merits in the allegations of bribery in monetary terms in the evidence of PW9 and PW10 respectively. I accordingly reject such evidence as a cooked up story geared towards propping up the petitioner's case by witnesses who are partisan.
- the entire story of the 17 or more registered voters from Kitimba A polling station who were allegedly disenfranchised because of the alleged early closure of the polling at that station... appears to have been a well made up story by the petitioner's witnesses for partisan motives. I reject their evidence as full of lies purposely intended to mislead this Honourable Court.
- Having made due inquiry in this petition... this Hon. Court finds and I declare that the 3rd respondent was a validly elected District Woman Member of Parliament for Butambala District.