Counsel Jeff Apuuli 🇺🇬

The petitioner challenged the return of the 1st Respondent as MP for Bukono County, alleging ballot-stuffing, multiple voting, wrongful returns, intimidation/violence, bribery and false statements across numerous polling stations. The respondents denied culpability; the Electoral Commission relied on DR Forms and tally sheets. The Court considered admissibility objections to many affidavits and excluded several for signature or jurat defects, but admitted others despite procedural irregularities under Article 126(2)(e). On the merits the Court analysed evidence station by station. While it found some instances of violence and procedural lapses at specific stations, the official DR Forms and tally sheets largely remained consistent and the petitioner’s witnesses were often inconsistent or uncorroborated. The Court held the petitioner bore the burden to prove non-compliance that substantially affected the result and to prove electoral offences by the 1st Respondent; it found these not established on the balance of probabilities. The petition was dismissed, the 1st Respondent’s election confirmed, and costs awarded to the 1st Respondent only.