{UAH} WHICH COURT SHOULD YOU TAKE YOUR ELECTION PETITION TO?

WHICH COURT SHOULD YOU TAKE YOUR ELECTION PETITION TO?

Kiibe lost his LC Councilor seat to Mulwana but was sure that Mulwana had somehow not got the votes he said he did. Upon counting the voters, Kiibe found that Mulwana had got 2000 votes yet the voters were only 700. So Kiibe swore that he would take the case straight to the supreme court so that Mulwana feels the heat. But what does the law say about this?

By law, a person who is dissatisfied with the outcome of an election has a right to take the matter to court to decide on whether the result of the election was valid and legally obtained.

However, not all election petitions (this is what a case arising out of an election is called), goes to the Supreme court of Uganda.

Petitions arising from the Parliamentary Elections are triable only by the High Court, while those arising out of the Local Governments Act are triable partly by the High Court and partly by the Chief Magistrate's Courts. If the petition is from the electoral position Chairperson of Local Government Council, then the High Court will hear it, but Petitions from Election to the position of Councillor can only be heard by a Chief Magistrate's court.

A petition from a presidential election on the other hand goes straight to the Supreme Court. So, since Kiibe was contesting for the councillor position, the supreme court cannot listen to his petition, but he will be given audience by the Chief Magistrate's Court.

--

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

--
Disclaimer:Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.To unsubscribe from this group, send email to: ugandans-at-heart+unsubscribe@googlegroups.com
---
You received this message because you are subscribed to the Google Groups "Ugandans at Heart (UAH) Community" group.
To unsubscribe from this group and stop receiving emails from it, send an email to ugandans-at-heart+unsubscribe@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/ugandans-at-heart/CAFxDTfqJqpwTz2aq0EC%2BsM9dw%3D%2B8fmPmZ4m4%3D_Xy2qYi2hUk%3Dw%40mail.gmail.com.