CHAPTER TWO

THE INSTITUTIONAL FRAMEWORK

2.0. Introduction
The electoral commission was set up as an institution to organize and conduct elections at all levels in the
country. It was established under the 1995 constitution of the Republic of Uganda 1providing for the
establishment of a permanent Electoral Commission with a mandate of organizing, conducting, and
supervising regular elections and referenda. An interim Electoral Commission was appointed by the
Government to organize the 1996 General Elections which was later proceeded by the enactment of the
Electoral Commission Act by parliament in 1997. Thus the establishment of a permanent and independent
election management body to organize, conduct, and supervise elections and referenda. Members of the
electoral commission are supposed to be people with high moral character, proven integrity, and
possession of considerable and demonstrated competence in the conduct of public affairs 2.
In all countries that aspire to democratic forms of government, elections play an essential part in creating
a healthy political life, the conduct of elections if free and fair ensures the respect for human
[Link], the few elections held in Uganda have been marred by serious imperfections namely
bribery, intimidation rigging, excessive violence, murder, and vulgar language to mention but a few. This
was observed in the case of RTD Col. DR. Kiiza Besigye Vs Electoral Commission and Y. K Museveni 4.
2.1. The Organization of the Electoral Commission
The Electoral Commission according to the Constitution of the Republic of Uganda 5 must be independent,
it stipulates that the commission shall be independent and shall, in the performance of its functions, not be
subject to the direction or control of any person or authority. However, the members of the commission
were appointed by the incumbent president who was himself a candidate, neither did the opposition
participate in the appointment of the members of the commission, nor were they subjected to any vetting.
To the extent that they were selected through a system set in place by the incumbent president who
himself is a candidate. Therefore, the independence of the commission provided for in Article 62 may be
questionable.
The commission is composed of a chairman, deputy chairman, secretary, and other staff members and the
law also requires it to have an office and representative in each electoral district into which Uganda is
divided. Accordingly, these electoral offices include a returning officer and the district registrar in each
electoral district that is based on the administrative units. The district election officers have the
responsibility of training electoral officers and facilitate voter awareness. They also must ensure the safe
storage of election materials including ballot papers both before and after the elections and to transmit the
election results to the electoral commission headquarters in Kampala.

2.1.1. Functions and performance of the electoral commission

1
It is created under Article 60 of the 1995 constitution of the Republic of
Uganda
2
Ibid
3
D. Nohlen, elections and electoral systems: Friedrich E.
4
Presidential election petition No. 112006
5
Article 62
The functions of the Electoral commission are stipulated under Article 61 of the constitution of
The Republic of Uganda 1995 as amended and they are;
a) To ensure that regular free and fair elections are held,
b) To organize, supervise, and conduct a referendum by the constitution.
c) To demarcate constituencies by the provision of the constitution.
d) To ascertain, publish, and declare in writing under its seal the results of the elections and
Referenda.
e) To compile, maintain, revise, and update the voters' register
f) To hear and determine election complaints arising before and during polling.
g) To formulate and implement voter educational programs relating to elections.
h) To perform such other functions as may be prescribed by parliament by law.
2.1.2. Powers of the Electoral Commission
Besides the above functions, the electoral commission has other specific powers, which include;
i) to appoint a polling day for any election subject to any law,
ii) to design, print, distribute, and control the use of ballot papers,
iii) to create polling divisions, establish them, and operate polling stations to take measures for
ensuring that the entire electoral process is conducted under conditions necessary for
the conduct of a free and fair election by the statute;
iv) to promote, through appropriate means, civic education of the citizens of Uganda on the
purpose and voting procedures of any election, including where practicable, the use of
sign language;
v) to ensure that the candidate’s campaign is in an orderly and organized manner; to accredit any
nonpartisan individuals, group of individuals, or an institution or association, to carry out voter education
subject to guidelines determined by the commission and published in the gazette;
vii) and to ensure compliance by all election officers and candidates with the provisions of the statute.
The electoral commission therefore should have sufficient legal backing to freely execute its duties.
2.2. MANDATE OF THE ELECTORAL COMMISSION
2.2.1. Registration of voters
This is a very significant part of the electoral process, it is through the registration of voters that
the actual figure of voters is registered. The importance of the voter register must be carried out
diligently. The voters' register to a great extent guards against excessive malpractice since the number of
votes cast in a free and fair election must always tally or fall within the total number of the registered
voters. Voter registration also encourages registration so that one feels that it is his or her responsibility to
cast the vote.
As a qualification, every Ugandan citizen to be registered as a voter should be 18 years and above. It's the
duty of eligible citizens to register as voters, though this aspect is not applicable to the case of prisoners.
The electoral commission is required to continuously update the Nations Voter’s register, 6 reason being
that some registered voters die. Others transfer or relocate to new electoral areas and more so the under-
aged become eligible to vote, it also gives a chance to the unregistered members of the public to come
forward and register in the parish or ward where they reside or originate. 7
2.2.2. The Display of Voter’s Registers.
The electoral commission is charged with the duty to display the voter’s register which is intended to give
the voters a chance to identify errors in the register. It also gives the voters an opportunity to raise
objections about those who appear on the voter’s registers and yet they are not qualified to vote. The
display also enables those who want to transfer from one voting area to another depending on the voter's
convenience. If elections are to be free and fair, then there should be an impartial registration of voters
with no restrictions, tricks and omissions so as to make the voters register a true reflection of the eligible
voters in the country.
The Minister of State for Constitutional Affairs may by statutory instrument appoint a date on which
the registration is to commence and end and this has to be put in the government gazette. As a treaty
stated above, the electoral commission has to appoint a registrar for each district and he is not supposed to
be subjected to the control or direction of anybody or authority except the electoral commission.
2.2.3. Voter and civic education
Voter and civic education is a process whereby the participants in the electoral process are adequately
informed of their rights and responsibilities as voters. All voters are entitled to voter education and
encouragement to participate in the voting which can be done through adequate voter education. Voter
and civic education play an important role towards the achievement of a free and fair election as people
will be informed about the dangers of their failure to participate in voting, not sell their votes, avoid
bribery, and even encourage secret voting. The challenge that has arisen even in the previous elections is
inadequate civic education, if one considers the 2011 elections, the civic education that was conducted
was not enough because people were not informed or educated on when elections were to be held in some
didn't know the days specified for the elections, the sensitization was not adequate though the electoral
commission had some programs put on radios, in newspapers and even in the print media 8.
In addition, a few posters were in circulation illustrating the steps to be taken while at a polling station
regarding voting but some voters did not even see them and even some pamphlets that had been printed to
educate the people regarding voting were also accessed by a few voters. The commission undertook the
training of election officials and candidates' agents and the promotion of education programs in various
local languages, but however, this training was lately timed and those who were trained did not have
enough time to educate the voters. Also, to note is the role that has been played by several non-
governmental organizations (NGOs) like National Organizations for Civic Education and Monitoring
(NOCEM), and NEM Group over the years undertake to always promote public awareness campaigns to
6
(S.19 Electoral Commission's Act 2005)
7
(S.19 Electoral Commission's Act 2005)
8
Twijukye Kenneth Kilwa, the taste of free and fair elections in multiparty democracy, a case study of Kampala
district focusing on the 2011 presidential and parliamentary elections, may 2011 Page 17
educate citizens on their civic responsibilities, rights, and obligations as electors under the constitution;
this was done through holding seminars, and training workshops throughout the country but what should
be noted is that it is the electoral commission that accredits these Non-Governmental organizations
(NGOs) to conduct civic education.
2.2.4. Nomination of Candidates
This is a cardinal part of the electoral process for without it; elections cannot take place, as there will be
no people to elect from. Presidential elections take place after every five years though there is a likelihood
of extending the term limits.
2.2.5. Qualification of a Presidential Candidate
The Constitution of the Republic of Uganda provides for the qualifications one must have to qualify to
stand as a presidential candidate.9 A person is not qualified for election as president
unless that person is;
a) A citizen of Uganda by birth,
b) Not less than 35 years and not more than 75 years of age,
c) Qualified to be a member of parliament.
More so, one shall not be a candidate in a presidential election unless,
a) That person submits to the electoral commission on or before the nomination day a document which is
signed by that person nominating him or her as a candidate; and
b) The nomination is supported by two thirds of all the districts. This means that one has to obtain
signatures from all the districts that make up Uganda which could be very difficult for the new entrants
into the presidential race in that they could fail to raise the required signatures.
2.2.6. Nomination procedures
Procedures for nomination of the president are laid down in the Presidential Elections Act 2005,10 to
facilitate the nomination exercise, the commission prepares guidelines and checklists of nomination
requirements and procedures, which are to be followed by each aspiring candidate.
Nomination papers are collected from either the district headquarters or from the electoral commission
headquarters, the candidate fills the papers in triplicates and one copy is put for public inspection after
nomination as required by the law11. The most controversial element in the nomination process is the
requirement that aspiring presidential candidate pay a nomination fee of 12 million which fee is
nonrefundable, payable in cash/ bank draft to the electoral commission and they also have to present 3
passport photographs. The aspect of the nomination does not reflect free and fair elections in that many
would-be aspirants are denied a chance to participate because they fail to raise that money.

2.2.7. Facilitation of presidential candidates

9
(Article 102 of the Constitution of the Republic of Uganda 1995).
10
Section 9
11
s. 12- Presidential Elections Act 2005
According to S.2012, the commission is under obligation to ensure that the relevant organs of the state
provide facilitation during the entire campaign period, protection of each candidate, and even provide
adequate security to each candidate during the campaigns. The law requires the commission to offer such
facilitation and funds to candidates to be exclusively used for election purposes. Candidates or their
agents are barred from obtaining, soliciting, or receiving any financial or any other assistance for their
campaign from any foreign government, institution or body, or person. Especially if such has
demonstrated an intention to overthrow the legally established government of Uganda or to endanger the
security of Uganda.
2.2.8. Nomination of parliamentary candidates
The Constitution of Uganda 1995 as amended provides in Article 80, 13 that a person is qualified to be a
member of parliament if that person is a citizen of Uganda, is a registered voter, and has completed a
minimum formal education of advanced level or its equivalent. Article 80(2), stipulates that a person is
not qualified to be a member of parliament if that person is of unsound mind, is holding or acting in an
office, the function of which involves a responsibility for or in connection with the conduct of an election,
if he is a traditional or cultural leader, or has been discharged or is under a sentence of death or sentence
of imprisonment exceeding more months imposed by a competent court without the option of a fine.
Nomination of candidates is made on nomination day by two registered voters appearing in person
tendering to the returning officer the following;
1) A nomination paper in duplicate containing a statement under oath by the person seeking
nomination specifying the name, age, address, and occupation of the person seeking nomination
and the name, and address of the official agent. The nomination is also accompanied by a
statement by the official agent stating that he or she has accepted the appointment.
2) The names and signatures of a minimum of ten (10) persons who are registered voters in the
constituency where the person seeks nomination as a candidate.
3) The person seeking nomination must tender in a statement under oath stating that he or she is of
18 years or above and that he or she consents to the nomination.
4) After the above have been done, the person seeking nomination pays a nomination fee or a bank
draft for that amount made payable to the electoral commission, submission two-colored passport
photos with a straight face which is most recently made, to be used on ballot papers and for
record purposes.
2.2.9. Campaigns
Campaigns are always a forum for candidates to get exposed to the electorate to seek their mandate. The
voters get to know what the candidates have for them in store through their manifestos. The Uganda
constitution and electoral laws provide for how campaigns are to be conducted. The electoral commission
determines the manner and period for which the campaigns are to take place.
Presidential candidates are given one day at least in each district, even candidate agents are allowed to
campaign on their behalf. Candidates are not allowed to conduct public campaign meetings except by the
program of meetings submitted by the candidates to the Electoral Commission 14.

12
Presidential Elections Act 2005
13
The 1995 Constitution of the Republic of Uganda
2.3. OTHER PLAYERS IN THE ELECTORAL PROCESS
2.3.1. The role of the media in the election
The media plays a key role during the election process by being a channel of information from the
candidates to the population and providing different perspectives on the electoral process. The law
requires that the state-owned media should give equal treatment and access to all candidates.
The lack of skilled human resources, absence of production capacity in the news department, and
reliance on programming supplied by the parties and candidates, coupled with the wide access granted to
the presidential press unit, resulted in coverage of the presidential elections that was highly imbalanced
in terms of the incumbent Commercial broadcasters provided for a greater range of coverage of elections
and this is represented in far wider coverage of the main opposition candidates, newspapers also focused
on two main candidates15.
There is a need to build capacity for position media role in the electoral process particularly such
that the media would at all times observe objectivity, impartiality, and professionalism.
Generally, the local media should be commended for facilitating effective dialogue and
generation of awareness to the public.
2.3.2. Role of election observers in elections
The electoral commission invited international election observers’ mission to come and observe the
presidential and parliamentary election and district women representatives. An example is when
Elections were held on 18/2/2011. Accordingly, a total of about 500 international observers and 1,100
local observers were accredited. They were accordingly briefed and the observers were to observe
relevant aspects of the organization and conduct of the presidential and parliamentary elections scheduled
to take place on 18/2/2011 by the laws of Uganda16. They were to consider the various factors impinging
on the credibility of the electoral process as a whole and to determine in their judgment whether the
conditions exist for a free expression of will by the elections and if the results of the elections would
reflect the wishes of the people about a free and fair election.
The effect of not affecting the duties and powers of the duties of the Electoral Commission leads to
election malpractice and fuels violence which can even result in loss of life as identified by Professor
Grace Patrick Tumwine-Mukubwa17 to include violence, intimidation, coercion, bribery, incitement,
disinformation, fear, and sectarian tendencies is likely to destabilize peace, stability, social harmony, and
prosperity. An example of perpetrated electoral and political violence in Uganda was in the March 12,
2001, Presidential Election. These included torture, extrajudicial executions, arbitrary detention,
abduction and kidnapping, arrest without warrants, beatings, personal humiliation by stripping to
nakedness, killings, shootings, death threats, threats of beatings (using phrases such as “you will see us,”

14
Twijukye Kenneth Kilwa, the taste of free and fair elections in multiparty democracy, a case study of Kampala
district focusing on the 2011 presidential and parliamentary elections, May 2011 Page 22
15
ibd Page 23
16
Twijukye Kenneth Kilwa, the taste of free and fair elections in multiparty democracy, a case study of Kampala
district focusing on the 2011 presidential and parliamentary elections, May 2011 Page 23
17
Professor Grace Patrick Tumwine-Mukubwa Free and Fair Democratic Elections, A Commentary on the Uganda
case of Rtd Colonel [Link] Besigye Versus Lt [Link] Museveni and Another Page 63-77
“we are bad,” and “we shall burn you”), chasing away of voters from polling stations on the pretext that
they were non-Ugandans or underage, and malicious damage to property18.
The reason why there is an increase in election violence and malpractice at all electoral levels in Uganda
is the non-compliance with the provisions and principles of the establishment of the institution of the
Electoral Commission and also the general principles of free and fair elections of democracy,
accountability, transparency and accessibility to all positions of leadership by all citizens, and individual
merit as the basis for election to political office. This is provided for in the movement's political system 19
and established by the 1995 Constitution of the Republic of Uganda and by all the legal frame work of the
Electoral process both international and domestic. The Electoral Commission is well established and
instituted to effectively promote and protect the above principles.

18
Political and Electoral Violence in East Africa, Working Papers on Conflict Management No.2 (2001, page 15
19
Article 70