ABDALLAH M. MAKONGORO & OTHERS v. THE ATTORNEY GENERAL, CIVIL APPEAL NO. 08 of 1996

Abstract

The appellants, all registered voters in the Arusha Parliamentary Constituency, were aggrieved by the declaration of Charles Makongoro Nyerere (NCCR-Mageuzi) as the winning candidate in the 1995 General Elections, defeating Felix Mrema (CCM). They filed an election petition in the High Court, alleging numerous irregularities and noncompliance with the Elections Act, 1985, including discrepancies in Forms RF.2, omission of results from seven polling stations in Ngarenaro Ward, unsealed ballot boxes, and unexplained differences in the number of voters between parliamentary and presidential tallies. The High Court (Mroso, J.) acknowledged “many errors and significant discrepancies” but held that these did not materially affect the result. Dissatisfied, the appellants appealed to the Court of Appeal.