The impact of the quasi-judicial powers of the electoral commission on parliamentary election petitions in Uganda: a critical analysis from 2016 to 2022

Abstract

The study examined the quasi-judicial powers of the Electoral Commission (EC) in adjudicating pre-election/nomination complaints on the determination of parliamentary election petitions by courts. It took the Court of Appeal‘s decision in the case of Kasirye Zzimula Fred v. Bazigatirawo Kibuuka Francis Amooti and Electoral Commission which set a precedent for the courts‘ decisions in parliamentary election petitions based on nomination complaints in 2021 and 2022. This qualitative and doctrinal research was conducted through several interviews. The sample surveyed consisted of advocates and judicial officers who participated in prosecuting and determining parliamentary election petitions following the 2021 national elections. The questions interrogated concerned the ability of the EC to adjudicate nomination complaints and whether the courts are justified in declining to adjudicate parliamentary election petitions grounded on nomination complaints. The study analyzed the situation in other jurisdictions with similar electoral terrains; in particular, it highlights the approach of Electoral Commissions and courts in deciding parliamentary election petitions in Kenya and Tanzania. The study notes the dangers of courts refusing to entertain parliamentary election petitions grounded on nomination complaints and attempts to address the gap in the law and in the courts' recent practice dealing with parliamentary election petitions. The study findings provide practical solutions in dealing with nomination complaints by both the EC and the courts of law in Uganda in order to ensure that mandatory requirements for qualification by any person as a Member of Parliament as required by the 1995 Constitution of Uganda are actually achieved. The study makes various proposals and recommendations to the EC, Courts, and Parliament.