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

Bribery of voters by agents:

The last aspect on the complaint of bribery was that the 1st Respondent’s agents, committed the illegal practice with his knowledge and consent or approval. Apart from the general pleading in the petition which I have already reproduced, the Petitioner did not, in any of his affidavits, allude to any evidence of acts of bribery by the 1st Respondent’s agents. However, there were allegations of bribery made by nine witnesses who swore affidavits in support of the petition. Counsel for the Petitioner Mr. Walubiri made reference to only four of them in his submissions. I have had to disregard six of those allegations either on the ground of the hearsay rule, or because they did not disclose the illegal practice as defined in s.63 (1) of the Act. Let me briefly allude to those six first.

Omalla Ram of Tororo, (one of those referred to by Mr. Walubiri) who was the Petitioner’s coordinator for Veterans in Eastern Region; Olwenyi Victor. Petitioner’s Election Monitor in Tororo Municipality; and Lucia Naggayi, Petitioner’s Head of Monitoring Team for Kiboga, deponed about alleged bribery reported to them by their respective agents. That was inadmissible hearsay. Mugizi Frank and Ssali Mukago both referred to by Mr. Walubiri and resident of Rubaare Trading Centre, and Idd Kiryowa of Nabiseke Sembabule, deponed about alleged offers of money made to themselves not as inducements to vote for the St Respondent or anyone else, but for other purposes. The offer to Mugizi was to lure him to return to the polling station (from where he had been chased during the day) to sign the Declaration of Results forms. The offer to Ssali was allegedly made on 9th March on behalf of the 1st Respondent’s Task Force so that he 7’can leave them to steal votes.” Kiryowa was offered money so that he ceases to act as the Petitioner’s agent. All those alleged offers were turned down, but more to the point, they were not offers, let alone gifts to a voter with intention of inducing the voter to vote for anyone.
That left three allegations which I reproduce here as told by the witnesses in their affidavits. Gariyo Willington, (relied on in Mr. Walubiri’s submission) was the Petitioner’s Overseer of polling agents in Rubaare Sub-county. He deponed:

“At about 11 a.m. I visited Kyanyanzire cell and saw Mwesigwa Rukutana loading people on a motor vehicle Reg.No. UAA 006A Nissan pick-up and he was giving Shs.5,000/= to every person who was boarding and instructing them to vote Candidate Museveni Yoweri Kaguta.”

Three persons refuted this evidence. Mwesigwa Rukutana a Member of Parliament and one of the counsels for the 1st Respondent in this petition swore an affidavit in which he refuted that evidence. He deponed that on polling day he did not go to Kyanyanzire village, that he did not load any people on any vehicle, and that he did not give money to anyone as alleged by Gariyo Willington. He deponed further that he spent the day with his driver Asingwire Richard, and one Bob Kabonero driving around his constituency in a Prado vehicle Reg.No.UAA 91 5S. He was corroborated by Asingwire Richard and Bob Kabonero, on the facts that he did not go to Kyanyanzire village, and did not give out money as alleged by Gariyo and also that they were with him throughout the day. I was not impressed by the concerted denials.

Etetu John Stephen deponed that he was a voter at Kichinjaji polling station, Soroti Northern Division. He deponed —

“2. That at this polling station Hon. Mike Mukula was present from around 8 a.m.
to 12 noon moving among the buildings asking people to vote the 1st Respondent and dishing out money to voters.