THE RUBLIC OF UGANDA
COURT OF APPEAL
ELECTION APPEAL NO. 7 OF 2006
(Appeal from the decision of the High Court of Uganda sitting at Mbale (Muhanguzi; Ag, J.) dated July 23, 2006 arising from Election Petition No. 18 of 2006)
(CORAM: OKELLO, TWINOMUJUNI AND BY AMU GISH A, JJ.A)
MBAYO JACOB ROBERT;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;APPELLANT
VERSES
ELECTORAL COMMISSION & Anor;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;RESPONDENT
Election Petitions—Bribery—Bribery during elections—Proof of bribery—Section 147 of Local Government Act—Bribery must be proved to satisfaction of Court before election can be nullified
This was an Election Appeal from the Judgement of the High Court of Uganda sitting at Mbale. On March 10, 2006, Kabwangasi Sub-County in Pallisa District held its elections for Local Council 111 as part of the National Elections of 2006. The appellant and second respondents were nominated as candidates for the office of the chairperson.
The first respondent declared the second respondent as the winner of those elections. The appellant contested the results but his petition was dismissed. The appellant then filed an appeal contending that non-compliance affected the results substantially. He alleged bribery, that the affidavits were wrongly rejected and that the learned trial Judge erred in disallowing the application for amendment.
HELD:
Section 147 of the Local Government Act is to the effect that any person who with intent either before or during election, either directly or indirectly influences another person to vote or to refrain from voting for any candidate or gives, provides or causes to be given any money gift or other consideration to another person to influence that person's voting, commits an illegal practice of the offence of bribery. In the instant case, bribery was not proved to the satisfaction of the Court.
Appeal dismissed with costs here and Courts below.
Dated this 8th day of December 2006
OKELLO, JA
TWINOMUJUNI, JA
BYAMUGISHA, JA
Legislation considered:
Civil Procedure Act, Cap 71, Section 100
Local Government Act, Cap 243, Sections 139 (c), 147
Oaths Act, Cap 19
Cases cited:
Beoco Ltd Vs Alfa Laval Co. Ltd [1994] 4 ALLER 464 Central Kenya Ltd Vs Trust Bank Ltd [2002] 2 EA 367
JlDBaua Ltd Vs Didar Singh [1961] EA 282
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•m Bakery Vs Castelino [1958] EA 461 lo Transport Services (Bus) Ltd Vs Martin Adala Obene, Civil Appeal No. 4 of 1994 fciyatta National Hospital Vs Kenya Commercial Bank [2003] EA 528 Ijieads Vs Steeds 22 QBD 337 at 42
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