stephen lemomo kiruswa vs onesmo koimerek nangole others 2016 tzhc 2 29 june 2016

stephen lemomo kiruswa vs onesmo koimerek nangole others 2016 tzhc 2 29 june 2016

The court found that while some campaign utterances amounted to ordinary political mudslinging and did not violate section 108(2)(a), there were fundamental irregularities in the tallying process, including chaos instigated by the 1st respondent, exclusion of candidates and agents from the tallying room, irregular posting of results, and use of questionable forms. These irregularities, taken together, went to the root of the election and fundamentally affected the result, warranting nullification of the election.

Citation
stephen lemomo kiruswa vs onesmo koimerek nangole others 2016 tzhc 2 29 june 2016
Parties
Petitioner: Dr. Stephen Lemomo Kiruswa; 1st Respondent: Onesmo Koimerek Nangole; 2nd Respondent: The Hon. Attorney General; 3rd Respondent: The Returning Officer for Longido Parliamentary Constituency
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2016
Procedural Posture
Election Petition / Final Judgment
Outcome
petition allowed; election nullified
Legal Topics
Parliamentary Election, Election Irregularities, Nullification of Election, Electoral Code of Conduct, Burden of Proof in Election Petitions
Source Language
English
Election Law Constitutional Law Administrative Law Parliamentary Election Election Irregularities Nullification of Election Electoral Code of Conduct Burden of Proof in Election Petitions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Dr. Stephen Lemomo Kiruswa

Petitioner

Onesmo Koimerek Nangole

1st Respondent

The Hon. Attorney General

2nd Respondent

The Returning Officer for Longido Parliamentary Constituency

3rd Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether campaign utterances by the 1st respondent amounted to prohibited exploitation of tribal, racial, or cultural differences under section 108(2)(a) of the National Elections Act
  2. 2 Whether eligible voters were denied the right to vote due to late opening of polling stations
  3. 3 Whether the 1st respondent instigated chaos in the tallying room affecting the tallying process

Ratio Decidendi

The court found that while some campaign utterances amounted to ordinary political mudslinging and did not violate section 108(2)(a), there were fundamental irregularities in the tallying process, including chaos instigated by the 1st respondent, exclusion of candidates and agents from the tallying room, irregular posting of results, and use of questionable forms. These irregularities, taken together, went to the root of the election and fundamentally affected the result, warranting nullification of the election.

Court Disposition

petition allowed; election nullified

Orders

  • Declaration that the Parliamentary election for Longido constituency held on 25 October 2015 is void and nullified.
  • Certificate of nullification to issue to the Director of National Election Commission.