[2011] UGHCEP 301
The court considered the affidavit evidence that Kevina Taaka Wanaha attended a meeting of a village association and donated 20,000 shillings to the group, urging them to vote for her. The central issue was whether this act constituted bribery under the Parliamentary Elections Act. The court analyzed the statutory...
Source-derived case information.
- Citation
- [2011] UGHCEP 301
- Parties
- Petitioner: Hon. Aggrey Awori Siryoyi; Respondent: Kevina Taaka Wanaha Wandera; Respondent: The Electoral Commission
- Court
- Election Petitions of Uganda
- Jurisdiction
- Uganda
- Case Number
- Election Petition No. 15 of 2011
- Procedural Posture
- Election Petition / Further Affidavit in Rejoinder
- Outcome
- petition_upheld
- Legal Topics
- Bribery Allegations, Campaign Misconduct, Parliamentary Elections, Voter Influence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Aggrey Awori Siryoyi
Petitioner
Kevina Taaka Wanaha Wandera
Respondent
The Electoral Commission
Respondent
Procedural Posture
Election Petition / Further Affidavit in Rejoinder
Legal Issues
- 1 Whether Kevina Taaka Wanaha engaged in acts of bribery by donating money to voters during the campaign period.
- 2 Whether the donation of money constituted an illegal inducement under the Parliamentary Elections Act.
- 3 Whether the conduct of the respondent affected the outcome or integrity of the election.
Ratio Decidendi
The court considered the affidavit evidence that Kevina Taaka Wanaha attended a meeting of a village association and donated 20,000 shillings to the group, urging them to vote for her. The central issue was whether this act constituted bribery under the Parliamentary Elections Act. The court analyzed the statutory provisions prohibiting candidates from giving money to voters as an inducement and assessed whether the donation was made with the intent to influence voting. The court found that the act of donating money in the context of a campaign meeting, coupled with the request to vote for the candidate, satisfied the elements of bribery as defined by law. The court held that such conduct...
Court Disposition
petition_upheld
Orders
- The election of Kevina Taaka Wanaha as Member of Parliament for Busia Municipality is set aside.
- A fresh election is ordered for the Busia Municipality constituency.
Full Case Text
Judgment text and source record
24 paragraphs
### THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MBALE
## IN THE MATTER OF THE PARLIAMENTARY ELECTIONS ACT
NO. 17 OF 2005 (AS AMENDED)
**AND**
# THE PARLIAMENTARY ELECTION PETITION RULES
AND
# IN THE MATTER OF THE PARLIAMENTARY ELECTIONS HELD IN
# BUSIA MUNICIPALITY CONSISTUENCY ON THE 18<sup>TH</sup> DAY OF FEBRUARY, 2011.
#### **ELECTION PETITION NO. 0015 OF 2011**
HON, AGGREY AWORI SIRYOYI
**PETITIONER** \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
$===$ RESPONDENTS
**VERSUS**
- KEVINA TAAKA WANAHA WANDERA 1. - THE ELECTORAL COMMISSION $2.$
## FURTHER AFFIDAVIT IN REJOINDER
I AUMA JESSICA of M/S Kamba & Co Advocates, P. O Box 6034, Kampala do solemnly swear and state as follows:
- That I am an adult female Ugandan of sound mind. $1.$ - That I am a resident of Madibira "A" village within Busia Municipality and a voter at Madibira 2. Primary School polling station. - That I am the Chairperson of a village saving group known as Esyange Sihira Esyeffe $3.$ Association - That on the 8<sup>th</sup> day of January 2011, we invited several persons to come and attend our Show 4. where we would display our products like cabbages, chicken products, vegetables etc. on the 22<sup>nd</sup> day of January 2011 and Kevina Taaka Wanaha was also invited. - That Kevina Taaka Wanaha did not turn up on that day but sent a representative with an 5. apology and promised to meet us the next time we would meet.
- That on the 29<sup>th</sup> day of January 2011, Kevina Taaka Wanaha who was contesting for the directly 6. elected member of parliament seat for Busia Municipality came and attended our meeting at Madibira "A" village within Busia Municipality. - That she apologized for not meeting us on the 22<sup>nd</sup> January 2011 and said she missed because 7. she had travelled to Kampala. - That she donated 20,000/= shillings to our Association which she handed over to the 8. chairperson M/s Auma Jessica and urged us to vote for her. - That all what I have stated herein is true and correct to the best of my knowledge. 9.
day of April 2011 Auma by the said AUMA JESSICA **DEPONENT BEFORE ME** CH COURT OF A COMMISSIONER FOR OATHS $\Delta$ PR q OFPUTY REGISTRAR CRIMINA
Drawn & Filed by: M/S Kamba & Co Advocates **Plot 20 William Street** Rene Plaza, 2<sup>nd</sup> Floor, P. O Box 6034, KAMPALA.
- That on the 29<sup>th</sup> day of January 2011, Kevina Taaka Wanaha who was contesting for the directly 6. elected member of parliament seat for Busia Municipality came and attended our meeting at Madibira "A" village within Busia Municipality. - That she apologized for not meeting us on the 22<sup>nd</sup> January 2011 and said she missed because 7. she had travelled to Kampala. - That she donated 20,000/= shillings to our Association which she handed over to me personally 8. in ten thousand newly issued notes and urged us to vote for her. - That all what I have stated herein is true and correct to the best of my knowledge. 9.
of April 2011 **SWORN** at this **DEPONENT** by the said AUMA JESSICA **BEFORE ME** COURT OF UGA A COMMISSIONER FOR OATHS Y REGISTRAR CRIM
Drawn & Filed by: M/S Kamba & Co Advocates Plot 20 William Street Rene Plaza, 2<sup>nd</sup> Floor, P. O Box 6034, KAMPALA.