ARTICLE 64 Appeals From Decisions Of The Electoral Commission.
The Constitution envisaged a situation where a person is aggrieved or not content with the decision of the Electoral Commission and provided a solution for it when that scenario arises. In case a person is aggrieved by a decision of the Electoral Commission with respect to voting or administrative procedures or functions of the Electoral Commission, such a person may appeal to the High Court. The right of appeal must be one created by statute, and in this case, the Constitution provides for it.
This right of appeal also extends to situations where a person is aggrieved by a decision of the Electoral Commission with respect to the demarcation of a boundary. In this case, the person may appeal to a tribunal consisting of three persons appointed by the Chief Justice, and the Electoral Commission shall give effect to the decision of the tribunal.
Following an appeal to the tribunal as stated above, if the decision of the tribunal still aggrieves a person, he or she may appeal to the High Court. The Judgment of the High Court on any decision made by the Electoral Commission or from an appeal tribunal is final.
In a bid to put into effect the above clauses, the Constitution also goes ahead to place a duty upon the Parliament to make laws providing for the procedure for the expeditious disposal of appeals. The Electoral Commission Act, Uganda, gives election cases priority to be heard in the Courts of law.
This helps in the expeditious dispensation of justice when it comes to election issues where evidence can easily be tampered with if not quickly dealt with.
In conclusion, therefore, all issues regarding elections must be handled with utmost care and speed, considering the sensitivity that comes with election cases.