Coming up for hearing: 18th day of March 2026.
Filed on: 22nd day of June 2020.
Under Articles: 23(1), 27(1) & 30(1) of the Treaty for the Establishment of the East African Community.
Rules: 25(1) of the Treaty for the Establishment of the East African Community.
Subject matter: The Decisions /Directives contained in the Uganda Revised Road map for 2020/2021 General elections, issued by the electoral commission
Summary:
This Application was brought before this honorable court against the Respondent that the Decisions /Directives contained in the Uganda Revised Road map for 2020/2021 General elections issued by the Electoral Commission ,2020 which omit to provide for consultation of presidential aspirants before nomination.
Applicant further allege that the Respondent omit to provide for continuous voter registration, display and verification of voters` register; omit to provide items for harmonization of compaign programme and signing of memorandum without candidates carrying out consultations through which they would build and strengthen their contacts and structure and at a time when the country is under lockdown, making it impossible to carry out any meaningful compaigns;
The Applicant further allege that the Respondent omit to provide under item 11-13 for nomination of candidates for Local Government, Parliamentary & Presidential candidates, respectively, when aspirants were not permitted to consult and when Country is under lockdown making it impossible for aspirants to fulfill the legal requirements of nomination.
Additionally, Applicant further contends that item 15-17 requires candidates for local government, parliamentary &presidential elections to conduct campaigns digitally hence closing out citizen`s participation and making it impossible to reach out to the majority of the voters;
The Applicant in the reference contends that item 18 for polling station days for local government, parliamentary elections during lockdown and without affording candidates appropriate facilities and opportunity to reach out to the citizens and the citizens to interrogate the candidates on their plans;
The Applicants pray for Orders that;
The Respondent`s acts were unlawful and infringements on the fundamental and operational principles of the community which include good governance including adherence to the principles of democracy, the rule of law, accountability, transparency and the maintenance of universally accepted standards of human rights.
Applicant also prays for an Order annulling the decisions/directives contained in the Uganda revised road map for 2020/2021 general elections issued by Uganda Electoral Commission and any result/action taken pursuant to the same.
Additionally, the honorable Court make Order nullifying all actions, decisions steps taken and done by any person nominated, elected or assumes office pursuant to the decisions/directives contained in the Uganda revised road map for 2020.
Applicant further prays that the honorable Court to issue permanent injunction restraining Uganda Electoral Commission or anybody, organ or agency of the Uganda government from implementing of furthering the decision/directives contained in Uganda revised road map for 2020/2021 electoral commission.
Not only that, the Applicant also prays that there be an Order declaring the position of Uganda Electoral Commission chairperson/Returning Officer for Presidential Elections vacant.
The Applicant prays for a permanent injunction restraining byabakama Simon Mugenyi from continued holding of the position of Uganda Electoral Commission Chairperson/Returning Officer for Presidential elections.
Awards general damages to the Applicant due to disturbance and anguish caused to the Applicant arising out of the actions, decisions and directives complained against in this Reference.
Court to award costs of the Reference to the Applicant.
Finally, this Honorable Court award interest of 6% per annum on the general damages and costs awarded to the Applicant from the time of filing this reference till payment in full.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org