MPs-elect accused of dodging service as election petition battles intensify

growing number of Members of Parliament-elect are reportedly evading service of election petitions, raising concerns over access to justice and the increasing risk of cases being dismissed on technical grounds.

Last month, the High Court in Gulu, presided over by Justice Phillip Odoki, allowed substituted service through the Daily Monitor after petitioner Tonny Kitara failed to personally serve Norbert Mao, the MP-elect for Pece-Laroo Division.

Under Ugandan election laws, petitioners must serve respondents within strict timelines, failure of which can render a petition null and void regardless of its merits. Legal experts warn that this procedural hurdle is increasingly being exploited.

Section 62 of the Parliamentary Elections Act requires that notice of an election petition be served within seven days, while court rules emphasise personal service unless substituted service is authorised.

Petitioners across the country say meeting this requirement has become difficult, with some alleging that declared winners are deliberately going into hiding.

In eastern Uganda, Emmanuel Maganda, who contested in Bukono County, said he spent more than two weeks searching for Persis Namuganza in vain.

“We can't find her, but we must serve her because time is going, so we have to look for alternatives,” Maganda said, adding that he had resorted to newspaper publication.

Similarly, Fred Nyanzi of the opposition National Unity Platform (NUP) said he struggled to serve Ms Madina Nsereko after she allegedly eluded his legal team.

“She kept tossing us around. We had to get an alternative because we couldn’t find her,” he said.

However, Ms Nsereko dismissed the accusations, insisting she had been available and had even invited the petitioner to deliver documents to her residence or office.

“That is scapegoating. I gave them several options, but they didn’t bring the petition,” she said.

The challenge of effecting service is not new. After the 2021 general elections, similar complaints emerged, including claims that Kampala Central MP Muhammad Nsereko had gone into hiding during a petition process.

Mawogola County MP Gorreth Namugga recounted having to involve security personnel to serve her opponent after days of unsuccessful attempts.

Legal practitioners say the situation exposes structural weaknesses in Uganda’s electoral dispute resolution framework.

Constitutional lawyer George Musisi noted that while the law provides for substituted service, many petitioners lose valuable time attempting personal service first.

“The best way is to quickly apply for substituted service through newspapers or radio. But delays can be fatal because once timelines lapse, the petition collapses,” he said.

The stakes are high. Election petitions must be filed within 30 days of gazettement of results, and strict compliance with service rules is mandatory before substantive hearings can begin.

Analysts say the alleged evasion tactics, whether real or perceived, risk undermining public confidence in the electoral justice system, especially where disputes hinge not on evidence but on procedural technicalities.

What you need to know

Seven-Day Rule (Service of Petition): Section 62 of the Parliamentary Elections Act states that notice in writing of the presentation of a petition, accompanied by a copy of the petition, must be served on the respondent within seven days after the filing of the petition.

Service Requirement

The service is typically required to be personal, but court precedents allow for substituted service (alternative methods) if the respondent is evading service, provided reasonable efforts have been made to locate them.

Extension of Time

Although timelines are strict, the court has discretion to extend time for service where special circumstances exist (e.g., failed personal service attempts).

Response Timeline

According to the parliamentary election petition rules, a respondent is generally required to file their answer to the petition within 10 days from the date of service.