{UAH} IF I FEEL LIKE I AM NOT ALLOWED TO CAMPAIGN, CAN I SUE THE ELECTORAL COMMISSION NOW?

IF I FEEL LIKE I AM NOT ALLOWED TO CAMPAIGN, CAN I SUE THE ELECTORAL COMMISSION NOW?

Kabanda and Kikwe were vying against each other for mayor in their district. However, Kikwe has always had a problem talking to people while Kabanda is very popular. So Kikwe figured a way of ensuring that people see him. Every time that Kabanda was having a rally in the town centre. Kikwe would also come and start shouting and distributing posters about Kabanda so that the voters would suspect Kabanda and doubt what he was telling them. Kabanda asked Kikwe to stop but to no avail and even the Electoral Commission was silent. So Kabanada wants to know if he can sue the electoral commission for being silent.

WHAT DO I DO IF MY CAMPAIGNS ARE BEING STOPPED OR ANOTHER CANDIDATE IS ACTING UNFAIRLY?

The simple answer is NO. You cannot just sue the Electoral Commission just like that.

Under the election laws in Uganda (Constitution of Uganda (article 63) and the Electoral Commission Act), the Electoral Commission (E.C) has a duty to put in place measures to ensure that the entire electoral process is conducted under conditions of freedom and fairness. It should also ensure that there are secure conditions necessary for the conduct of any election in accordance with this Act or any other law.

First, the law also requires candidates to ensure that they campaign in an orderly and organised manner. For instance, if you are a candidate, are you registered, are you campaigning in your designated area on the designated day and time and also, are you observing designated health and security measures? So, if candidate X hears that candidate Z is at a playground and he/she also starts his/her campaign in the same playground at the same time, then that may mean he/she has not conducted him/herself in an orderly manner.

Second, it is the duty of the E.C to make sure that there are no irregularities or conditions that take away freedom and fairness in the electoral process. So, if any irregularity is seen, the aggrieved candidate should inform the E.C in writing about such irregularities first. If the Electoral Commission fails in its duty to resolve the irregularity, or rejects the existence of an irregularity, then a candidate has a right to appeal to the High Court against such a decision.

So, If you have not been allowed to campaign, and you are observing the Electoral guidelines, then it is your right to demand that the EC resolves this, if not you can take the matter further to a court of law.

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"When a man is stung by a bee, he doesn't set off to destroy all beehives"

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