Prisoners' right to vote in Uganda: Comment on Kalali Steven v Attorney General and the Electoral Commission

Abstract

Article 59 of the Constitution of Uganda (1995) provides for the right to vote. Although the Constitution does not prohibit prisoners from voting, the Uganda Electoral Commission has never made arrangements for prisoners to vote. On 17 June 2020, in the case of Kalali Steven v Attorney General and the Electoral Commission, the Ugandan High Court held that prisoners and Ugandans in the diaspora have a right to vote and that the Electoral Commission should put in place arrangements for them to vote. Uganda will have elections in 2021. The purpose of this article is to suggest practical ways in which the Electoral Commission can comply with the High Court judgement. It is argued, inter alia, that there is no need for legislation to be enacted or amended to give effect to the High Court judgment.