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

Armed people in polling stations:

In support of the pleading in subparagraph 3(1) (r), the Petitioner deponed in the supplementary affidavit as follows:

“9. That I know of incidents in Rukungiri district where I voted from, where the 2nd Respondent’s agents/servants on polling day allowed people with deadly weapons including soldiers of the PPU to be present at polling stations and this presence intimidated many voters to vote in favour of candidate Museveni Yoweri Kaguta or not to turn up for voting by avoiding the militarized polling stations.”

The Petitioner did not clarify if his knowledge was from having personally seen armed people in the station. Nor did he in his own affidavit or through affidavits of witnesses, particularise the incidents adequately to enable this Court assess the credibility of the assertion. Witnesses as to polling day in Rukungiri did not have much to say on this point and did not elaborate on the little they said. Bernard Masiko, Petitioner’s monitor in Kayonza Sub-county deponed that when he went to Kyeshero polling station one Rwamahe who was armed with an AK 47 chased him away with the help of LDUs and some army men who were threatening voters. Koko Medard, also Petitioner’s monitor, deponed that when he went to vote at Kamajune polling station at about 6 a.m. he found an army veteran called Kakombe, armed with a gun guarding one ballot box which he did not allow anyone to get near to. Mpwabwooba Callist, Coordinator for Rugyeyo, Kanungu, deponed that on eve of polling day some PPU soldiers were deployed at the homes of known supporters of the Petitioner and on polling day they were distributed in parishes where the Petitioner’s support was known to be strong.

From outside Rukungiri there were scattered averments on the point. John Kijumba, Petitioner’s monitor in Bukonzo deponed that at Katojo polling station he saw about 10 army men armed with guns guarding the polling station. This evidence however was refuted by Milton Wakabalya, the Presiding Officer at Katojo polling station who deponed that he had had one polling Constable who was unarmed and denied that 10 armed soldiers had guarded the station. Another was the disputed evidence of Masasiro Stephen, a polling agent at Nkusi Primary School polling station, Bufumbo Sub-county, Mbale District. He deponed that after 12 voters who had turned up cast their votes peacefully, four armed soldiers escorting the Sub-county Chief and other officials arrived at the station and shot in the air, after which the chief and his companions stuffed ballot papers into the ballot box. The Chief gave a different version denying the presence of armed soldiers.

A peculiar incident was described by Alex Otim of Gulu who went to vote and monitor the election process in Paico Division. He deponed that at Paico Primary School polling stations he found that “soldiers were deployed two of them at each polling station” and that they were forcing people, especially old ones “to vote for their own choice.” He further deponed:

“………………we later chase the soldiers away from the polling station and they went to a nearby barracks and came armed and were also using army vehicle (mamba).

…………the soldiers assaulted me and Okello Saul and arrested us only to release us at 8.p.m. after voting had ended.

Other evidence at polling stations was about soldiers coming to a few polling stations to vote or cause children to vote, irregularly, but not about their being armed with deadly weapons, let alone about causing intimidation to voters in polling stations.