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

Chasing polling agents:

There was admissible evidence from, and inadmissible evidence about, the Petitioner’s agents who were compelled to abandon their polling stations. The former was direct affidavit evidence of polling agents who upon observing irregularities, tried to protest but were overpowered and chased away, or out of frustration or disgust left of their own accord. The latter was hearsay evidence which featured mainly in affidavits of monitors and overseers, who narrated what they were told about the agents being chased. I will illustrate the latter, with two affidavits. Sam Ndagije, the Petitioner’s Monitor for Kihiihi Rukungiri listed 20 polling agents who on polling day came to him at the office complaining of being chased away. I should also mention the affidavit of the Petitioner’s Kabale District Task Force Chairman, Anteli Twahirwa, who deponed to no fact he witnessed personally. He annexed two purported reports to his affidavit, which were also not evidence. The second report, made on polling day, comprised only summaries of inadmissible information he received from agents. There were however a few affidavits of direct and admissible evidence. In Rukungiri, even monitors for the Petitioner were affected Koko Medard, Petitioner’s polling monitor deponed that at Kamujune polling station, he found that the polling agents for the Petitioner had been made to stand 50 metres away where they could not observe what was going on when he visited Nyarugando polling station he himself was forced to flee on his motor-cycle as a crowd of the Respondent’s supporters chased him with stones. At Ruhandagaza polling station he found tension. He found that the Petitioner’s polling agents had taken refugee 150 metres away from the polling station following an assault on one of them. He himself could not venture beyond, although that was where he was supposed to vote. As a result he did not vote. Others who deponed to similar harassment were Kakuru Sam and Bernard Masiko. Karenzyo Eliphaz deponed: “following massive harassment and after we were threatened with death we decided to withdraw our agents to save their lives.”

There was also evidence from outside Rukungiri John Kipala, the Petitioner’s monitor at Magabi parish Kakuuto, Rakai, deponed that while he was at Gayaza polling station he observed pre-ticked ballot papers being handed to voters, who, after casting them would return for more. When it became intolerable, he protested to the Presiding Officer “to assert his authority” and stop it. Instead a group of people armed with clubs charged at him threatening to kill him. He was rescued by a colleague who whisked him away in a vehicle. There were similar incidents narrated in affidavits from Ntungamo, Bushenyi, Mbarara and Mayuge.

In support of the pleading in sub-paragraph 3(1) (s) and (t), all that the Petitioner averred in the supplementary affidavit was:

“10. That I was informed by my National Coordinator Louis Otika that my polling agents in numerous places in the country for instance in Northern and Western Uganda and agents at the Electoral Commission were denied access to information concerning the counting and tallying process.”

I did not come across credible evidence by any agent that was denied access to, let alone information about, the counting and tallying process. There was some inconclusive evidence concerning access to the national tallying centre at the Commission Headquarters. Two persons were appointed on 13th March, 2001 to represent the Petitioner there. They were given an introductory letter. One of them Charles Owor, deponed that on presenting themselves, at about 1 .30 p.m., several Commission officials sought to allow them access, but a person unknown to him, who was riot an official of the Commission, but seemed to wield a lot of power, refused them entry. Out of frustration they gave up and left between 4.30 and 5.30 p.m. A second deponent, Robert Kironde, deponed that at the request of the Petitioner’s Task Force, he went with Mr. Kawalya to the same tallying centre at 9.00 p.m. The Deputy Chairperson, Mrs. Florence Nkurukenda, received them and instructed Mr. Wamala, to take them around.

They observed the results coming in, and left at 10.30 p.m. Mrs. Nkurukenda deponed in reply that during the day, the letter introducing Charles Owor and another was left at the headquarters for endorsement by the Chairman. Later in the day, however, Mr. Balikuddembe, counsel for the Petitioner, with one Yona Kanyomozi, brought Robert Kironde and Bwogi Kawalya as substitutes. Counsel personally endorsed their names on the earlier letter. A copy of the endorsed letter was annexed to her affidavit. She insisted that the two substitutes were at the tallying exercise long enough to even be served food. In Court, Mr. Balikuddembe did not dispute or otherwise comment on this evidence.