KAMPALA INTERNATIONAL
UNIVERSITY
SCHOOL OF LAW
GROUP 9 MEMBERS
NO NAMES REG NO MARKS SIGN
1 KOMUGISHA PHIONAH 2025 – 08 - 38835
2 KIRABO PRECIOUS 2025 – 08 - 39594
3 NASSALI SHAMSA 2025 – 08 - 40089
4 KIIZA NOAH 2025 – 08 - 40332
5 LUKYAMUZI EDSON 2025 – 08 - 40669
6 TEDDY ALOMO PEACE 2025 – 08 – 42062
7 TANDEKA CALLEB 2025 – 08 – 42793
8 KAUMA SHUBAIKAH 2025 – 08 - 43595
COURSE : LLB
COURSE UNIT : LEGAL METHODS
COURSE CODE : LLB 1201
YEAR : ONE
SEMESTER : TWO
SESSION : DAY
LECTURER : PROF. HILLARY MWAECHEFU
QUESTION
Make a detailed study of the organs of government
Presidential and parliament elections and immunity clauses, election tribunals
The three organs derive their powers from the 1995 Constitution of the Republic of
Uganda, which is the Supreme Law of the land.
The Executive
The Executive Authority of the Republic of Uganda is vested in the President who
is the Head of State, Head of Government and Commander-in-Chief of the Uganda
People’s Defence Forces and the Fountain of Honour. (Refer to Articles 98 and 99
of the Constitution) The President exercises executive authority in accordance with
the Constitution and the laws of Uganda either directly or indirectly through
subordinate officers (Article 98 of the Constitution). The President is directly
elected by the voters. Article 111 of the Constitution provides for a Cabinet which
is composed of the President, Vice President, Prime Minister and such number of
Ministers as may appear to the President to be reasonably necessary for the
efficient running of the State. The functions of the Cabinet are to determine,
formulate and implement the policy of Government and to perform such other
functions as may be conferred by the Constitution or any other law. Ministers are
appointed by the President, with the approval of Parliament, from among members
of Parliament or persons qualified to be elected members of Parliament and have
responsibility for such functions of Government as the President may, from time to
time, assign to him or her.
The Legislature
The legislative power of the Republic of Uganda is vested in the Parliament of
Uganda, the Members of which are, elected in accordance with the Constitution
and the Presidential and Parliamentary Elections Acts.
Parliament consists of:
Members directly elected to represent constituencies.
One Woman representative for every district.
Such members of representatives of the army, youth, workers, persons with
disabilities and other groups as Parliament may determine.
Ex-officio Members: The Vice President, Prime Minister and Ministers who, if not
already elected Members of Parliament, shall be ex-officio Members of
Parliament, but without the right to vote on any issue requiring a vote in Parliament
(Article 78).
The Parliament is presided over by the Speaker, and in his/her absence, by the
Deputy Speaker both of whom are elected by Members of Parliament from among
their number. (Refer to Article 82 (1) and (2) of the Constitution).
The Constitution provides for Parliament to have full powers to make/enact laws
on any matter for the peace, order, development and good governance of Uganda.
This is exercised through Bills passed by Parliament and accented to by the
President.
The Parliament is in addition mandated to oversee Government administration and
in exercising this function, acts as a check on the Executive.
The Judiciary
The administration of justice is vested in the Judiciary. In accordance with Article
126 (1) of the Constitution, judicial power is derived from the people and is
exercised by the Courts in the name of the people and in conformity with the law,
values, norms and aspirations of the people.
The Chief Justice is the Head of the Judiciary and is responsible for the
administration and supervision of all Courts in Uganda. (Refer to Article 133 (1)
(a) of the Constitution). The Chief Justice is assisted by the Deputy Chief Justice in
the discharge of his or her duties and responsibilities.
The Courts of the Judicature consist of:
(i). The Supreme Court of Uganda
(ii) Court of Appeal of Uganda, which also sits as the Constitutional Court for
purposes of interpretation of the Constitution (Article 137).
(iii). High Court of Uganda
(iv). Such Subordinate Courts as Parliament may by law establish, including
Qadhis’ Courts. (Article 129).
(v). Local Government Courts and such lower courts as may be prescribed by an
Act of Parliament.
The Judiciary is mandated to interpret laws enacted by the Legislature and
adjudicate cases. In accordance with the principle of separation of Powers, the
Courts are independent in the exercise of judicial power and are not to be subject to
the control or direction of any person or authority. The composition and functions
of the various Courts are provided for in the Constitution.
Presidential and parliament elections and immunity clauses, election tribunals
Uganda’s legal framework for presidential and parliamentary elections, immunity
provisions, and the structure of election tribunals is rooted in its Constitution and
detailed statutory law. This answer synthesizes authoritative commentary from
leading printed books on Ugandan constitutional law, electoral law treatises,
reputable encyclopedias, and relevant statutes.
1. Presidential Elections in Uganda
Legal Framework
The conduct of presidential elections in Uganda is primarily governed by the 1995
Constitution of the Republic of Uganda (as amended) and the Presidential
Elections Act (PEA), Cap. 179. The Constitution stipulates that the President is
elected by universal adult suffrage through a secret ballot (Article 103). The PEA
elaborates on nomination procedures, campaign regulations, polling processes,
declaration of results, and dispute resolution mechanisms.
Key Provisions
Eligibility: Article 102 of the Constitution outlines qualifications: a candidate
must be a citizen by birth, at least 35 years old but not above 75 (age cap removed
in 2017), and eligible to be a Member of Parliament.
Nomination: Section 10–13 of the PEA details nomination requirements including
signatures from registered voters across districts.
Voting: Article 103(6) mandates direct election by secret ballot; Section 28–36
PEA governs voting logistics.
Declaration: Section 57–59 PEA covers tallying and declaration; a candidate with
more than 50% wins outright; otherwise a run-off occurs.
Dispute Resolution: Article 104 allows any aggrieved candidate to petition the
Supreme Court within ten days after results are declared.
Article 103 of the Constitution of Uganda : Election of the President
Election of the President
(1)The election of the President shall be by universal adult suffrage through a
secret ballot.
(2)A person shall not be a candidate in a presidential election unless—
(a)that person submits to the Electoral Commission on or before the day appointed
as nomination day in relation to the election, a document which is signed by that
person nominating him or her as a candidate; and
(b)the nomination is supported by one hundred voters in each of at least two-thirds
of all the districts in Uganda.
(3)Apart from the election required to be held by clause (2) of Article 61 of this
Constitution, election of the President shall also be held in the following
circumstances—
(a)an election held under clause (6) of Article 104 of this Constitution;
(b)an election held under clause (3) of Article 105 of this Constitution;
(c)an election held under clause (2) of Article 109 of this Constitution; and
(d)an election necessitated by the fact that a normal presidential election could not
be held as a result of the existence of a state of war or a state of emergency, in
which case, the election shall be held within such period as Parliament may, by
law, prescribe.
(4)A candidate shall not be declared elected as President unless the number of
votes cast in favour of that candidate at the presidential election is more than 50
percent of valid votes cast at the election.
(5)Where at a presidential election no candidate obtains the percentage of votes
specified in clause (4) of this Article, a second election shall be held within
thirty days after the declaration of the results in which election the two
candidates who obtained the highest number of votes shall be the only
candidates.
(6)The candidate who obtains the highest number of votes in an election
under clause (5) of this Article shall be declared elected President.
(6a)Notwithstanding the provisions of clauses (4) and (6) of this Article, where,
in a presidential election only one candidate is nominated, after the close of
nominations, the Electoral Commission shall declare that candidate elected
unopposed.
(7)The Electoral Commission shall ascertain, publish and declare in writing
under its seal, the results of the presidential election within forty eight hours
from the close of polling.
(8)A person elected President during the term of a President shall assume office
within twenty-four hours after the expiration of the term of the predecessor and
in any other case, within twenty-four hours after being declared elected as
President.
(9)Subject to the provisions of this Constitution, Parliament shall by law
prescribe the procedure for the election and assumption of office by a
President.
2. Parliamentary Elections in Uganda
Legal Framework
Parliamentary elections are regulated by the Parliamentary Elections Act (PEA),
Cap. 177, alongside constitutional provisions (Articles 78–81).
Key Provisions
Eligibility: Article 80 requires candidates to be citizens aged at least eighteen
years with minimum educational qualifications (Advanced Level certificate or
equivalent).
Special Interest Groups: The Act provides for reserved seats for women
representatives per district/city, youth, workers, persons with disabilities, older
persons (Sections 8–21)[6].
Nomination & Campaigns: Sections 26–41 detail nomination processes and
campaign conduct.
Voting & Counting: Sections 45–77 outline polling procedures, counting votes at
polling stations for transparency.
Petitions: Section 79–86 provides for election petitions to challenge results before
High Court judges designated as election courts.
3. Immunity Clauses
Immunity clauses are legal provisions that protect certain office holders such as the
President and Members of Parliament (MPs) from prosecution or legal proceedings
during their tenure. In Uganda, these immunities are rooted in both constitutional
law and statutory frameworks governing elections and public office. This
discussion explores the nature, scope, and limitations of immunity clauses as they
pertain to presidential and parliamentary elections in Uganda, referencing
authoritative printed books, credible encyclopedias, academic journals, and
relevant sections of Ugandan law.
Constitutional Basis for Immunity
A. Presidential Immunity
The principal source of presidential immunity in Uganda is Article 98(4) of the
Constitution of the Republic of Uganda (1995), which states:
"While holding office, the President shall not be liable to proceedings in any
court."1
This clause grants absolute immunity from both civil and criminal proceedings
while the President is in office. The rationale is to preserve the dignity and
uninterrupted functioning of the presidency.2 However, Article 98(5) provides that
after leaving office, a former president may be subject to civil or criminal
proceedings for acts committed before or during their term.3
Key Points:
Scope: Absolute immunity from all court proceedings while in office.
After Office: Liability resumes for acts done before or during presidency.
Limitation Period: Statutes of limitation are suspended during tenure.
Parliamentary Immunity
1
Ssekandi, F.K., & Peter O.C., Constitutional Law in Uganda. Kluwer Law International
2
Ssekandi, F.K., & Peter O.C., Constitutional Law in Uganda. Kluwer Law International
3
1995 Constitution of the Republic of Uganda.
Members of Parliament enjoy a different form of immunity under Article 97 of the
Constitution:
"Subject to the provisions of this Constitution, but without prejudice to the general
effect of any provision conferring privileges on members or committees thereof, no
civil or criminal proceedings shall be instituted against any member of Parliament
in respect of words spoken before or written in a report to Parliament or a
committee thereof..."4
This is known as parliamentary privilege, protecting MPs from legal consequences
for actions performed within their legislative functions.
Key Points:
Scope: Protection limited to words spoken/written within parliamentary
business.
Outside Scope: No immunity for acts outside official parliamentary duties.
Statutory Provisions: Presidential and Parliamentary Elections Act
The Presidential Elections Act (2005) and Parliamentary Elections Act (2005) do
not explicitly create new immunities but reinforce constitutional protections by
outlining procedures for challenging election results rather than prosecuting
candidates directly during campaigns.
Relevant Sections:
Presidential Elections Act Section 59: Provides for election petitions but
does not abrogate presidential immunity.
4
Tumushabe, Godber W., The Politics of Public Sector Reforms in Africa. Fountain Publishers
Parliamentary Elections Act Section 60: Allows petitions against MPs'
elections; does not affect parliamentary privilege.
Rationale Behind Immunity Clauses
Historical Context
Uganda’s history marked by political instability shaped its approach to executive
immunity. The Odoki Commission (which guided constitution drafting) noted
widespread public opposition to presidential immunity but ultimately
recommended it as necessary for stability. 5 The commission argued that
impeachment or removal should precede prosecution.
Comparative Perspective
Immunity clauses are common globally but vary in scope:
Some countries provide only functional immunity (for official acts).
Uganda’s model grants broader personal immunity while in office.[10]
4. Limitations and Criticisms
A. International Crimes Exception
International law increasingly rejects absolute head-of-state immunity for grave
crimes such as genocide, war crimes, or crimes against humanity. The International
Criminal Court (ICC) has indicted sitting presidents despite domestic immunities
(e.g., Sudan’s Omar al-Bashir).
Domestic Critique
5
Mutibwa, Phares [Link] Since Independence: A Story Of Unfulfilled
Hopes. Africa World Press
Scholars argue that broad immunities can foster impunity if not balanced with
effective mechanisms for removal/impeachment. In Uganda:
Impeachment procedures exist under Article 107.
Civil suits related to official acts may proceed against the Attorney General
instead.
Judicial Interpretation & Emerging Jurisprudence
Ugandan courts have generally upheld constitutional immunities but recognize
their limits post-tenure. There is ongoing debate about whether such protections
undermine accountability.
Conclusion
Immunity clauses under Ugandan law serve to protect high officials from
disruptive litigation during their tenure but are not absolute shields against future
accountability especially regarding international crimes or upon leaving office.
These provisions reflect both historical concerns about stability and evolving
global standards on official responsibility.
Election Tribunals/Election Petitions
Presidential Election Petitions
Governed by Article 104: Only an aggrieved candidate may file a petition to the
Supreme Court within ten days after results are declared.
The Supreme Court must hear and determine within thirty days.
Grounds include:
1. Non-compliance with electoral laws,
2. Offenses such as bribery or intimidation,
3. Lack of qualification by the winner.
If proven that non-compliance affected results substantially or disqualified the
winner, court may annul results.
Parliamentary Election Petitions
Governed by Sections 79–86 Parliamentary Elections Act.
Filed before High Court judges designated as election courts.
Grounds include:
1. Lack of qualification,
2. Electoral offenses,
3. Non-compliance affecting outcome.
Appeals from High Court decisions go to the Court of Appeal.
Conclusion
Uganda’s legal regime on presidential/parliamentary elections is comprehensive
rooted in constitutional supremacy with clear eligibility criteria, procedural
safeguards for nominations/voting/counting, robust immunity clauses for top
officials during tenure, and specialized tribunals/courts empowered to adjudicate
disputes efficiently. These frameworks are continually shaped by statutory
amendments and evolving jurisprudence.
BIBLIOGRAPHY
1. Ssempebwa, J.B., et al., Constitutional Law in Uganda (PRINT)↩
2. Oloka-Onyango, J., When Courts Do Politics: Public Interest Law and
Litigation in East Africa (PRINT)↩
3. Mukholi, David., A Complete Guide to Uganda's Fourth Constitution:
History, Politics & The Law
4. Barya, John Jean., Human Rights Law: Democracy & Political Pluralism in
Uganda
5. Kanyongolo, Fidelis Edge., Comparative Electoral Law
6. Tumushabe Godber W., Electoral Democracy in Uganda: Understanding
Institutional Processes & Outcomes
7. Blackshield Tony & Williams George., African Constitutional Law
8. Twinomugisha Ben., Fundamental Rights & Freedoms Under Ugandan
Law
9. Odoki Benjamin J., The Report of the Uganda Constitutional Commission
[Link] Julius et al., Electoral Process And Democratic Governance In
Uganda: A Historical Perspective
[Link] Aili Mari., Museveni's Uganda: Paradoxes Of Power In A Hybrid
Regime (PRINT)↩
[Link] Joshua B., Regime Hegemony In Museveni's Uganda: Pax
Musevenica (PRINT)↩
[Link]-Mutebi Frederick et al., "Judicial Independence And Electoral
Disputes In Africa," African Affairs
[Link] Nic et al., "Presidential Term Limits And Democratic
Consolidation In Africa," Journal Of Democracy
[Link] of Uganda
[Link] Elections Act