Electoral Commission officials avoid jail as court cites ‘reasonable grounds’ for delayed by-election

The Electoral Commission (EC) leadership, including Chairperson Justice Simon Byabakama, has successfully avoided potential jail time after the Court of Appeal dismissed an application seeking their committal for contempt of court.

The application stemmed from the EC’s failure to conduct a by-election for the LCIII chairperson of Sere sub-county in Tororo District, a task previously ordered by the court.

In a ruling delivered by Justices Hellen Obura, Christopher Gashirabake, and Musa Ssekaana, the appellate court declined to issue arrest warrants against the EC commissioners.

The judges concluded that the Commission had presented “reasonable grounds” for its delay in organizing the election.

The court emphasized that while the EC possesses a constitutional mandate to conduct elections, proving contempt of court requires demonstrating “deliberate and wilful disobedience.” In this instance, the justices found that this threshold had not been met.

“The respondent has provided a reasonable ground for non-compliance and has shown good faith efforts to comply with the court order,” the ruling stated. “Since contempt requires deliberate non-compliance, and the applicant has not met the threshold for willful disobedience, we find the respondent not in contempt of the order of this court.”

The application for contempt was initiated by Christestom Bonny Owori, a former candidate for the Sere sub-county LCIII chairperson position. Owori argued that the EC had defied a May 19, 2022, judgment by the Court of Appeal, which had annulled the election of Michael Okongo and mandated fresh elections.

Despite dismissing the contempt application, the Court of Appeal issued a stern warning to both the Electoral Commission and the Ministry of Finance. The judges expressed disapproval of the selective prioritization of certain by-elections while others remain unaddressed.

“It is unacceptable to leave a whole sub-county without a chairperson for over three years,” the court noted, highlighting the potential negative impact on service delivery and accountability for public resources due to leadership vacuums.

The justices also acknowledged the impending 2026 general elections, deeming it “logically and financially impractical” to conduct a standalone by-election for Sere Sub-county at this juncture, given the proximity of the national polls. This pragmatic consideration appears to have also factored into their decision regarding the contempt charges.J