Amiri Wabusimba
Today, voters in Kawempe North will participate in a by-election, a process that has already been marred by violence, arrests, and heightened security deployment.
Over the past 10 days of campaigns, reports of injuries, arbitrary arrests, and security excesses have raised deep concerns about the state of democracy and electoral integrity in Uganda. If such chaos can unfold in a single by-election, the implications for next year’s elections are alarming. The electoral process in Uganda has long grappled with challenges, particularly regarding by-elections, which have increasingly become costly, contentious, and destabilising.
Originally intended to ensure representation when seats become vacant, by-elections now serve as political battlegrounds, characterised by state repression, heightened tensions, and excessive public expenditure. The events in Kawempe North, along with past experiences in Soroti, Kayunga, and Arua, reinforce the urgent need for electoral reforms.
Uganda’s Constitution under Article 61(6) states that no by-election shall be held within six months before a general election. This provision was designed to prevent redundancy and financial waste in electing representatives who would serve only for a short period before the general elections. However, the six-month threshold remains insufficient, as by-elections occurring close to general elections still result in significant public expenditure, political instability, and electoral violence.
By-elections impose an enormous financial burden on the Ugandan taxpayer, in 2021 Kayunga District by-election it was reported that more than Shs3 billion was spent, an amount that could have been allocated to critical community development projects.
Despite ongoing resource constraints in crucial sectors such as healthcare, education, and infrastructure, the government continues to allocate substantial funds to these elections, raising fundamental questions about their necessity, particularly when a General Election is imminent.
Beyond financial costs, by-elections have become synonymous with electoral violence, undermining Uganda’s democratic processes. The Soroti City by-election was marked by excessive security deployment, intimidation of voters, and violent confrontations between state forces and opposition supporters. The impact of such violence extends beyond physical harm. It erodes public trust in electoral institutions, discourages political participation, and fosters a climate of fear among voters.
Several countries have successfully adopted reforms to mitigate the financial and political challenges posed by by-elections. Kenya’s Constitution provides that if a parliamentary seat falls vacant within one year of a general election, it remains unfilled, and the constituency is represented by existing elected leaders or an appointed caretaker until the next election.
South Africa has also addressed this issue by allowing the ruling party or coalition to nominate a replacement for vacant parliamentary seats, eliminating the need for costly and disruptive by-elections. The urgency of electoral reform cannot be overstated. For instance, implementing a no by-election period to one year before general elections would eliminate unnecessary financial burdens, reduce poll violence, and enhance the country’s democratic integrity.
The responsibility now lies with policymakers and civil society to champion this cause, ensuring that Uganda’s electoral laws reflect the realities of its political and economic landscape.
Mr Amiri Wabusimba is a diplomatic scholar, journalist, political analyst and rights activist.
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