The republic of uganda in the supreme court of uganda at kampala

(f) Knowingly and intentionally puts into a ballot box anything other than the ballot paper which he or she is authorised to put in, ……………………….

(j) not being authorised so to do under this Act makes any mark on a ballot paper issued to a person other than the person making the mark, with intent that the ballot paper shall be used to record the vote of that other person;

Commits an offence and is liable on conviction to a fine not exceeding two hundred currency points or imprisonment not exceeding five years or both.”

This provision is intended to safeguard the principles of secret ballot and transparency.

I shall now consider the evidence adduced to support the allegation. Muhairwoha Godfrey who stated that he was a Polling Agent for the Petitioner in-charge of Kajaaho 4 in Kajaaho Parish Kikagati Sub-country Isingiro Country South Constituency alleged that he witnessed numerous malpractices and massive rigging at the said Polling Station for the 1st Respondent. He states that at around 10.00 a.m. one Charles Rwabambari a supporter of the 1st Respondent went to the desk of the Presiding Officer accompanied by one Kanyanurwa Parish Chief, Kajaaho Parish, and took over the station from Katsimbazi the Presiding Officer and started issuing ballot papers and ticking them for voters. When he protested, the Parish Chief ordered that he be arrested tied up and taken to Prison at the sub-country but when an armed uniformed UPDF Reserve Force Officer tried to arrest him he escaped.

Mulindwa Abasi of Kabolwe Zone LC I Kibuku Parish in Pallisa District states his affidavit that he was a Monitor for the Petitioner in Kibuku Parish. At all Polling Stations he visited, there were voters who could not vote because on reporting they were told their names had been ticked and they were told they were not supposed to vote. When they complained they were chased away. He claims when he raised complaints he was threatened and his life is still under threat and he is being accused of being a rebel. Mulindwa does not mention which Polling Stations he visited or even a single vote whose name was ticked and he was denied a right to vote. It seems much of his information is hearsay.

Wasunia Amis who was a Monitor for NGO Election Monitoring Uganda (NEMU Group Uganda) in charge of Rurama Polling Station in Kayenje Parish in Ntungamo District, stated that at that Polling Station voters were allowed to tick from the Presiding Officers table under the guidance of the Presiding Officer, one Kamukama H. who was ordering them to vote for the Respondent.

The evidence of this witness is challenged by Tumwebaze Mukiga who was the District Registrar for Ntungamo District, employed by the Electoral Commission. He stated that on polling day he was in charge of supervision of Ruhama County, which comprises Ntungamo Sub-county, Ntungamo Town Council, Nyakyera Sub-County, Rukoni Ruhama and Rweekiniro sub-counties. He stated that he travelled to almost all Polling Stations and could positively state that the polling exercise was conducted peacefully.

Referring to Wasiima’s affidavit, he stated that he knew him very well and Wasiima is not illiterate and the signature on the affidavit is not his signature. He says that he personally reached Rurama Polling Station and found no problem. He received no complaint from Wasiima or any other person. He reached the Polling Station at the closing of the polls shortly after 5.00 p.m. and even talked to Wasiima who assured him there was no problem at the Polling Station. The evidence of Tumwebaze casts serious doubts on the credibility of Wasiima’s affidavit.

Betty Kyimpairwe who was a Polling Agent for the Petitioner in Mbarara claims that at Kyabandasa Kanyegamere Polling Station, she found the Presiding Officer and Polling Officials maliciously spoiling ballot papers cast for the Petitioner by adding small tick on the 1st Respondent. She does not explain at what stage this action was committed because if the ballot papers had already been cast in the ballot boxes, it is difficult to understand how they were taken out and spoilt.

Although the evidence on this allegation is scanty, I believe the Petitioner’s evidence. It is my finding that the Petitioner has proved to my satisfaction that some people pre-ticked ballot papers and put them into ballot boxes or marked ballot papers for other voters to use for voting as alleged, in a few places. This infringed the principles of voting by secret ballot and transparency.