Prisoners and Ugandans Living in the Diaspora Shall not Vote in 2021 General Elections. Electoral Commission Ordered to Pay Costs to City Lawyer.
The Electoral Commission has been ordered to pay costs to City Lawyer Stephen Kalali following a consent that was entered between the two agreeing that Prisoners and Ugandans living in the Diaspora shall be registered to vote in the 2026 General Elections.
The Consent has been entered before High court Judge Esta Nambayo following discussions between the parties.
In the consent document drafted by parties and signed by Justice Nambayo; EC has been ordered to take all necessary steps to ensure that all adult Ugandan Citizens in Prison and the Diaspora register and vote in the 2026 General Elections.
The Judge also ordered that EC shall move the necessary offices to table ammendments of electoral laws to enable the said categories participate in the next general elections of 2026.
EC is also required to put in place the necessary structure to enable qualifying/eligible citizens in the diaspora and prison to register and vote.
Lawyers who were party to this conscent and signed are Mutyaba Joseph Geoffrey, Odokel and Company Advocates together with Nagawa Associated Advocates for respondent Kalali Stephen and those from the Legal Department of the Electoral Commission; Eric Sabiiti and Hamidu Lugoloobi the Senior Legal Officer.
Last month EC filed an application in the High court seeking a review of Justice Lydia Mugambe’s orders on the right to vote by 63000 Prisoners and Ugandans Living in the Diaspora.
The Electoral Commission wanted Justice Mugambe’s orders to be reviewed because it had no budget for Prisoners and Ugandans living in the Diaspora but that they would need more time to consider this Category of voters.
The Electoral Commission also wanted the High court to allow it implement its orders in the future elections given also the prevailing Nation wide Lock down intended to curb the spread of the COVID-19 pandemic.
On 18th/June/2020 Kampala High court Judge Lydia Mugambe declared that as Ugandans of eighteen years and above who are in prison or the diaspora; have a right to vote under article 59 of the Constitution.
Justice Lydia Mugambe accordingly directed the Electoral Commission to comply with its obligation under article 59 clause 3 and take all necessary steps to ensure that as Citizens, they are registered and exercise their right to vote in the coming 2021 General Elections.
Justice Mugambe ruled that she found no justification by the Electoral Commission’s continued violation of the named Ugandans constitutional rights.