The chances of over 104 MPs elected to represent their electorate in the 11th Parliament hang in balance unless they fight off court petitions challenging their victory in the January 14, 2021, general election.

Although the affected MPs’ names have been published in the gazette confirming their election, the court will determine their fate.

The cases were filed at the various registries of the High Court circuits, which is the court of first instance for parliamentary election petitions under the Parliamentary Election Act 2005.

The Judiciary’s public relations officer Jameson Karemani noted that the High Court, sitting in Jinja district, received 13 election petitions, Fort Portal 12, Mbarara 6, Masindi 8, Masaka 5, Soroti 6, Lira 3 Mbale 17, Arua 5, Gulu 3, Mukono 5, Kabale 3, Mpigi 2, Mubende 5 while 11 petitions were filed at the Civil Division of the High Court in Kampala.

Asked when hearing of the case is expected to begin, Karemani revealed that the hearing of the election petitions will start as soon as the Government avails them with funding.

“Government funds are released on a quarterly basis and this is the last quarter for this financial year. We shall start hearing the petitions as soon as the funds are released,” he said.

Section 36 of the Parliamentary Elections Act provides that every election petition filed shall be heard in an open court and the same section give courts powers to suspend other matters before it for purposes of determining the election petitions expeditiously.

Petitions to watch out for

Among the election petitions to watch out for is that of the Speaker of Parliament Rebecca Kadaga (NRM) against Forum for Democratic Change (FDC) vice president for the eastern region Proscovia Salaamu Musumba.

Musumuba accuses Kadaga who was declared winner of committing numerous electoral offences before and during the polls.

“During the campaign period, with the intent of influencing voters, the first respondent (Kadaga) personally and through her agents with her knowledge, consent and approval bribed voters with money, gifts like tents, motor vehicles, motorcycles, money, chicken, iron sheets, hand hoes, gomesi, and many other considerations,” Musumba contends.

Nabeta v Mwiru

Paul Mwiru joined Parliament after a successful election petition against Nathan Igeme Nabeta of the NRM in 2016.

After losing to Nabeta, the Alliance for National Transformation (ANT) party’s candidate has again gone back to court and is optimistic of retaining the seat through the same avenue.

According to Electoral Commission results, Nabeta won the Jinja South-East seat with 5,817 votes against Mwiru’s 5,580 votes.

In his petition, Mwiru says his own tally indicates that he scored 5,662 votes against Nabeta’s 5,330 votes, in the race that attracted nine people.

In 2011, Mwiru who was the first runner-up, also successfully sued Nabeta who had been declared winner and in the resultant by-election in 2012, Mwiru emerged the winner.

Nsereko v Nyanzi

In the past, Muhammad Nsereko won the Kampala Central MP seat with ease and never faced a petition in the two terms he has served.  

Nsereko will have to battle for his seat following an election petition by his rival Fred Nyanzi of the National Unity Platform (NUP). The rest of the NUP candidates triumphed in Kampala.

Nyanzi, an elder brother of NUP president Robert Kyagulanyi wants the court to declare him the validly elected MP for Kampala Central and in alternative order for fresh elections.

In his petition, Nyanzi claims there are several votes at various polling stations that were not included in the final tally sheet in addition to the disfranchisement of several eligible voters. 

“The elections in the commission of Kampala Central were carried out in a way that did not comply with the Parliamentary Elections Act leading to a substantial negative effect on the results,” Nyanzi argues.

Nyanzi purports that there was ballot stuffing, wrong posting, mathematical and arithmetical mistakes in the electoral process. 

Court records indicate that Nsereko polled 16,998 while Nyanzi garnered 15,975 votes.

Wanyoto v Galiwango 

Despite losing to Connie Nakayanze Galiwango by 10,000 votes, NRM’s Lydia Wanyoto insists that the electoral process was marred by fraud which she claims was allegedly orchestrated by Galiwango and her agents. 

Wanyoto now wants Galiwango’s Mbale City woman MP victory nullified arguing that that in some polling stations, including at Green Pastures SS in Industrial City Division, Magezi Hostel areas in Northern City Division, Kisenyi (A-M) in Northern City Division, there were cases of ballot stuffing and multiple voting.

 The court record indicates that Galiwango polled 40,729 votes almost doubling Wanyoto’s 25,276. 

Kidandala v Ssegirinya

Muhammad Ssegirinya has eyed Kawempe North MP seat for the last 15 years, and indeed won the seat in the January 14 elections.

His stay in Parliament could however be short-lived following an election petition by his main challenger Sulaiman Kidandala who queries his academic credentials.

Kidandala accuses Ssegirinya of presenting forged papers to the EC, which in turn cleared him to contest for the seat.

However, it is understood that the petition was filed after a search lodged to Uganda National Examinations Board (UNEB) by Kidandala found inconsistencies in Ssegirinya’s O and A’ level certificates.

In a response to Kidandala’s lawyers, on March 17, 2021, Uganda National Examinations Board (UNEB) secretary Peter Anywar revealed that the O’ level documents used by Ssegirinya belong to Sarah Nampiima, who was a student at Mengo Secondary School. She passed with second grade in 2007.

Moureen Nabadda (also Mengo Secondary School), on the other hand, is listed as the owner of the A level results that Ssegirinya purports to be his. She sat in 2009. In the documents, Ssegirinya is identified by a Christian name Richard and not Muhammad and sat exams at Pimbas SS.

The Parliamentary Elections Act of 2005 states that a parliamentary aspirant should have a UACE (Senior Six completion) certificate or its equivalent. If found guilty, Ssegirinya could lose his seat.

Kibanzanga v Kiiza

In Bundibugyo, the state minister for Veteran Affairs, Christopher Kibanzanga, has petitioned the court in Fort Portal to nullify the victory of his rival Moses Acrobert Kiiza.

Kibanzanga polled 13,462 votes against Kiiza’s 13,897 votes for the Bughendera County MP race.

Kiizat had lost to Kibanzanga in the NRM district primaries in September last year and contested as an independent after rejecting the outcomes.

Kibanzanga accuses his opponent of engaging in voter bribery that affected the general outcomes of the voting exercise. He says there were documented cases where his opponent was openly giving out money to voters at polling stations.

He also accuses his opponents of conspiring with polling agents to block his known supporters from casting their votes.

Betty Ssentamu v Nayebale

Betty Ssentamu, a sister of NUP boss Kyagulanyi is also contesting the election of NRM’s Sylvia Nayebale for Gomba Woman MP seat. Ssentamu accuses Nayebale of election malpractice and falsification of election results. 

Court documents indicate that Nayebale won the elections with 30,253 votes against Ssentamu 22,657 votes.

Martin Henry Bazanya v Richard Ssebamala

In an unexpected move, Martin Henry Bazanya, a voter in Bukoto Central constituency is contesting the election of the Democratic Party’s (DP) Richard Ssebamala.

Ssebamala, who has also already expressed interest in running for speakership won Vice President Edward Kiwanuka Ssekandi in the January 14 elections.

Ssebamala’s considered big victory could be short-lived with Bazanya’s petition in which he claims that he is not a registered voter in the constituency. 

If the elections are annulled, this will give a second chance to Ssekandi to take another shot for the seat.

Ismail Wagaba Ddibya v Shartis Musherure Kutesa

Despite polling only 72 votes in the Mawogola North MP race, Ismail Wagaba Ddibya is contesting the victory of foreign affairs minister Sam Kutesa’s daughter Shartis Musherure.

Ddibya claims that polls in the constituency were marred by gross irregularities ranging from vote-rigging to voter bribery and he wants the court to order for a fresh election.

Nabakooba v Bagala

In Mityana, ICT minister Judith Nabakooba, petitioned Mubende High Court, seeking to overturn the victory of Mityana District Woman MP-elect Joyce Bagala Ntwatwa.

Nabakooba, who came second in the elections with 48,078 votes, accuses EC and Bagala of conspiring to steal her victory.

NUP’s Bagala was declared the winner with 64,305 votes but Nabakooba alleges that several presiding officers connived with Bagala’s agents to alter the declaration of results forms.

Mukesh v Ssenyonyi

In Nakawa West, Businessman Shukla Mukesh Babubhai is challenging the election of NUP spokesperson Joel Ssenyonyi Besekezi over alleged ballot stuffing and falsification of electoral results.

Mukesh alleges that EC based on Declaration of Result forms (DR Forms) that were not signed or witnessed by the presiding officers to declare Ssenyonyi winner.

Kigozi v Sserukenya

In Makindye-Ssabagabo Municipality, Emmanuel Ssempala Kigozi (independent) has contested MP-elect David Sserukenya’s victory citing lack of the required academic qualifications.

Eugenia Nassolo v Aloysius Mukasa

In Rubaga South, Eugenia Nassolo (DP) is also contesting the victory of Aloysius Mukasa (NUP) for lack of requisite academic qualifications and not being a registered voter in the constituency.

Kamurari v Byanyima 

In Mbarara, Jeremiah Kamurari Birungi (Independent), petitioned the court claiming that NRM Nathan Byanyima was not validly elected for Bukanga North Constituency (Isingiro District) seat over lack of requisite academic papers.

In Jinja, the incumbent Kagoma County MP, Moses Walyomu’s election has been contested in court by his closest rival Frederick Munyirwa over vote-rigging and election violence.

Lokeris Vs Komol

The incumbent Dokolo East County MP Samson Lokeris has petitioned Soroti High Court seeking to overturn the election of his rival, Emmanuel Komol.

Lokeris also states that while at the tally center in Kaabong Town Council Court Hall, he asked the Electoral Commission returning officer, for a vote recount in vain.

Grounds for annulment

Section 61 of the Parliamentary Election Act states that the election of an MP can be set aside where courts find that the election were not conducted in accordance with the law and that non-compliance affected the results in a substantial manner.

An elected MP can also lose his seat if the court finds that a person other than the one elected won the elections, an illegal practice was committed in connection with the election by the candidate or his/her knowledge, or the candidate was not qualified at the time of the elections.

Illegal practices that could lead to the annulment of the MPs election include voter bribery, procuring prohibited persons to vote, ballot stuffing among others.

The law requires the petitioner to serve the respondent within seven days after filing the election petition.

 The law also requires the High Court to try the cases in an open court in an expeditious manner as the election petition takes precedent over other matters.

Section 63(4) gives the High Court powers to declare a candidate other than the one declared elected by the Electoral Commission as the validly elected MP after scrutinising declaration forms. 

The Act also gives court powers if it detects fraud to refer such a candidate to the Director of Public Prosecutions (DPP) for criminal proceedings.