Electoral Commission asks court to dismiss petition seeking to include prisoners in voting process

Kampala, Uganda | THE INDEPENDENT  | Electoral Commission has asked court to dismiss an application challenging its failure to include Ugandan inmates and citizens in the diaspora in the electoral processes on grounds that the suit is incompetent.

Electoral Commission lawyers led by Hamid Lugolobi told the Civil Division High Court Registrar, Sarah Langa that the petitioner should have raised his complaint by way of writing as provided for by the Electoral Commission Act if he is unhappy with the fact that the said categories of people are excluded from the electoral process.

He therefore asked court to dismiss the application filed by City Lawyer, Steven Kalali on Tuesday. Kalali ran to court seeking orders to compel EC to include Ugandan inmates and those in the diaspora to participate in the ongoing voter’s registration and verification exercise.

The applicant also asked court to extend the verification exercise pending the judgment in his main case, arguing that it will be rendered useless if the orders are not granted. The main suit, which is pending judgment and seeks similar orders, is before Justice Lydia Mugambe.

Mugambe is set to deliver judgment on March 13th, 2020. Kalali argues that ever since the inception of the Constitution in 1995, Uganda has had five general elections five excluding citizens in the diaspora and prison inmates.

Section 19 of the Electoral Commission Act states that any person who is a citizen of Uganda and is above 18 years shall apply to be registered as a voter in a parish or where he or she resides, in as far as the Constitution is concerned.

However, the law is silent on the involvement of Ugandans in the diaspora and prisons in the electoral process. Kalali contends that should court fail to grant his prayers, the said categories of people will suffer irreparable damage for failing to participate in the 2021 general elections against their wish.

He says the exclusion of the two categories of people will infringe on their constitutional rights to vote and be voted for. Kalali cites countries like Kenya, Sweden and South Africa, which allow prison inmates to vote. He also notes that countries like Kenya and Rwanda allow their citizens in Uganda to vote.

Langa has set December 12th, 2019 to deliver her ruling on the application.

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