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

(e) The contents hereinabove are true and correct to the best of my own knowledge and belief.”

Since what Mulindwa said in his affidavit was what he saw and heard, belief is irrelevant.

The affidavit of Mulindwa Abasi is rebutted by three witnesses for the 1st Respondent. The Chart indicates that they are Malik Kitente, Teopista Mujwi and Haji Nangeje. In his rebuttal affidavit, Kitente did not say that he was a Sub-County Councilor as Muhindwa had described him. He denied that on polling day, he in the company of Mujwi, Nangeje and Nyaisolo, went around telling people that if they did not vote for the 1st Respondent soldiers would kill them. Nor did he go to the polling station giving Voters’ Cards to those who had already voted. He further said that he cast his vote at 9.00 a.m. at Ginnery Polling Station and returned home to make arrangements for the burial of his late grandfather. Thereafter he left with his family for the burial in Nasanga Village, seventeen miles away.

In her rebuttal affidavit, Teopista Mujwi said that she was the Sub-County Chief of Kibuku Sub-County, and was an election supervisor during the Presidential elections. She denied that Mulindwa challenged her for issuing cards to a crowd at Kibuku Trading Centre. She was not an officer for issuing cards. Nor did she tell Mulindwa that she was with the 1 Respondent who was in power and there was nothing he could do about it. On polling day she was extremely busy supervising all the 24 polling stations in her Sub-County. She did not meet with Nangeje, Kitente or Nyaigolo on that day. Nor did she tell people that if they did not vote for the 1st Respondent, soldiers would kill them.

In his rebuttal affidavit of 5-4-2001, Haji Abubakali Nangeje said that Mulindwa Abasi was mentally unstable. On polling day, Nangeje said, he cast his vote at 8.00 a.m. at Kibuku Senior Secondary School Polling Station. He denied that together with Mujwi, Kitente and Nyaigolo they went around Kibuku Trading Centre telling people that if they did not vote the 1st Respondent, soldiers would kill them. It was not true that they went around polling stations distributing Voters’ Cards to people who had already voted. These three witnesses denied what Mulindwa said in his affidavit in a similar manner. The only difference is Nangeje’s allegation that Mulindwa was mentally unstable. This appears to be a suggestion that Mulindwa made the allegations due to his mental condition. The other two witnesses, who said they knew Mulindwa well, said nothing about his mental health. Muhindwa made serious allegations of electoral malpractices against the three rebutting witnesses. They have not said why Muhindwa should have picked on them if what he deponed in his affidavit was a fabrication. On the other hand the three of them being officials of one kind or another, would certainly not wish to be associated with electoral malpractices. They would therefore, be expected to deny that they played any role in such malpractices. Their denials are normal. In the circumstances, I would prefer Mulindwa’s affidavit evidence to the denials by Kitente, Mujwi, and Nangeje, and I do.

Arinaitwe Wilcen was the Petitioner’s coordinator for Bufundi Sub-County, Ndorwa, Kabale District. In his affidavit of 21-03-2001, he deponed that during the week before polling day, they tried to hold a rally at Kyevu in Nyamirango parish, but they were chased away by the L.C.I Chairman, Barangirana, acting with the assistance of L.C.l officials from the village and the neighbourhood.

On 11-03-2001, as he returned from distributing appointment letters to the Petitioner’s Polling agents, he found many road blocks had been set up all the way. He was able to dodge three, but at the fourth one near the lake shore, where Arinaitwe had left his boat, he found the L.C.I Councilors manning the road block. Bangirana and Inyahureba were among them. They had already arrested Arinaitwe’s boat “driver.” He was also arrested on sight, severely beaten, stripped naked and taken to the home of the L.C.II Chairman. Arinaitwe’s money and documents were also removed from his pockets. At the L.C.II Chairman’s home, he was tortured to reveal the names of the Petitioner’s agents, so that they would also be arrested. They got the names from the documents removed from him, anyway. Arinaitwe was then taken to the home of David Mirasanyi, MP of the area. The M.P directed people who had brought Arinaitwe to share his money, and then take him to the Sub-County Headquarters. He gave them a motor vehicle to carry Arinaitwe. On the way, one Nyangire, an L.C.I Defence Secretary who had by then joined the group, suggested that they should kill Arinaitwe and throw his body in Lake Bunyonyi. They instead decided to break up into two groups. One group to take him to the home of Local GISO, and the other to hunt down the Petitioner’s agents, using the list they had obtained from Arinaitwe. From the GISO’s home, he was taken to the Sub-County Headquarters. At the headquarters, he was beaten up all the way, and he was directed to make a statement and thrown into jail.

On 12-03-2001, he was moved to a cell in Kabale Police Station, where he was held until 14-03-2001. He was released on Police Bond. He was not charged with any offence. At Kabale Police Station, he found a number of the Petitioner’s agents in detention, including the Student’s Guild President of the African College of Commerce. In the circumstances, Arinaitwe never voted.

The affidavit is based on knowledge and belief. Since the deponent said only what he witnessed, belief is irrelevant. The Chart indicates that Arinaitwe’s affidavit is rebutted by David Mulasanyi, but it does not indicated where the rebuttal affidavit may be found.

Matsiko Armstrong was the Petitioner’s Polling agent at Omurakoko and campaign agent for Kabale. In his affidavit of 21-03-2001, he deponed that whenever he and other Petitioner’s agents went to campaign in Kabale District, L.C. officials constantly harassed them, mobilized people to throw stones at them, dispersed their rallies, making it virtually impossible to campaign in places, such as Rubaya and others. On polling day, he voted and proceeded to Rurembo for his duty as a Polling agent. As he entered the polling station within a school fence, a group of men led by one Kugaga, who knew Matsiko as a supporter of the Petitioner, confronted him and demanded that he (Matsiko) should go far away. When he explained that he was a Polling agent, they replied that they were self sufficient and did not need any “visitor.” At this polling station when Matsiko refused to leave, they started kicking, boxing and trampling on him. They wounded him on the eye and hand, and tore his jacket. He managed to go away as they called a crowd to arrest him for being a Petitioner’s agent. They shouted that if the Petitioner’s agents went to the polling station, they should be killed. On the way, he met other agents of the Petitioner, whom he warned not to step in Rurembo Polling Station. He reported the matter to the Police Station, where he recorded a statement and got a Police Medical Form. The Police said that they could not go to Rurembo because they had no fuel. The Chart does not show that the affidavit of Matsiko Armstong is rebutted. His evidence, therefore, remains uncontroverted. I accept it.

James Birungi Ozo was a District Monitor for the Petitioner, Kamwenge District. His affidavit dated 22-03-2001 has already been referred to in this judgment. He said that on 8-3-2001, he was shot at by Captain Kankiriho, the C.O. of Behanga Barracks to prevent him from campaigning for the Petitioner. The shooting was in the presence of Byonduyire (whose evidence to the same effect I have already referred to), Engineer Dan Byamukama, and L.C.lll, Movement Chairman. The L.C.lll Movement Chairperson is the one who identified Ozo to captain Kankiriho, who had prior knowledge of Ozo’s campaign for the Petitioner. Fortunately the bullet did not hit Ozo, but passed between his legs as he entered his car. He drove off. He reported the incident to Ibanda Police Station. A file was opened and he was told that the police would investigate the matter.

Earlier on the same day, Ozo was stopped from campaigning for the Petitioner by armed UPDF soldiers at Matsyono Trading Centre. Ozo’s team of seven people were arrested and ordered to leave at gun point. The Petitioner’s supporters were sent away and the rally stopped. On the same clay, five members of the Petitioner’s Ntara Sub-County Task Force, were arrested by a GISO, and detained at Ntara Police Post and later released without any charges against them.

Ozo said that the Petitioner’s Chairman of Kamugye Sub-County Task Force, one Gervazio, was attacked at his home by UPDF soldiers and L.C.’s and his house was burned and, thereafter, went into hiding. Gervazio could not thereafter perform his duty, especially identifying ghost voters on the Voters’ Roll, which exercise was going on at the time. Nor did he monitor elections on polling day.

The Petitioner’s Publicity Secretary, one Muhwezi Henry was picked up from Kamwenge Town by escorts of the MP for Kibale County, Captain Byaruhanga and taken outside town, where he was beaten and asked to denounce the Petitioner. Thereafter he was attacked at his home in Kakinga Parish by Abdalla and the Parish Chief and Presiding Officer of Kakinga. His house was shot at, but he escaped. He left the District and took refuge in Fort Portal. The affidavit is based on knowledge and belief. Some parts also appear to be based on information without the source thereof being disclosed. Only what is based on knowledge of the deponent is valid. What appears to be based on information is not. The Chart does not show that Ozo’s affidavit is rebutted. So, his acceptable evidence stands uncontroverted. I accept it.

Patrick Kikamberwa, of Kanyegaramire, Kanyenda Parish, Kamwenge District, was a polling agent for the Petitioner at Kanyegaramire Polling Station. He deponed in his affidavit that he and other fellow agents, of the Petitioner were threatened two days before polling by the Parish Chief one Ganyenda and son of Byabagambi that they would be burnt to death if they appeared for the Petitioner as his agents on polling day. He said that they feared and did not work as polling agents but went to vote. At Kanyegaramire Polling Station where Kikamberwa went to vote, he was told by one lady, Kasiime, the NEM Group Polling Monitor to tick the 1ST Respondent. The Presiding Officer, Kyampi, asked him to do so in front of him. He refused, but they followed him up to the basin to see whether he would vote for the Petitioner. Due to fear and threat, he voted for the 1st Respondent against his will. Mugisha, a voter at the same polling station was also forced to vote for the 1st Respondent, but he got angry and left the polling station without casting his vote. Whoever was suspected to be a supporter of the Petitioner would be forced to tick the ballot paper in front of them or the person was being followed to the basin. Kikomberwa’s wife, Prossy, did not vote because her Voter’s Card was confiscated by L.C. officials who knew that she was the Petitioner’s supporter. One Mulefu later returned her card and informed her that he had ticked for the 1st Respondent. The affidavit was based on knowledge and belief, but belief is irrelevant since the deponent said what he witnessed. The Chart does not show that the affidavit is rebutted.

The evidence of Kikomberwa therefore, stands uncontroverted and I accept it.

Moses Tibanyendera of Kyakarata parish, Kahuge Sub-County, Kamwenge District, was the head of the mobilization desk and polling agent for the Petitioner in Burembo. In his affidavit of 22-03-2001, he deponed that on 28-02-2001, Hon. Capt. Byaruhanga, MP and his escorts, one of whom was Noah Kassim, went to Kyakarata and threatened him with death if he did not denounce the Petitioner. They tore down all the Petitioner’s posters which had been hang up in Kyakarata Parish. Tibanyendera reported about the incident to Ntabona in the office of their Sub-County Task Force for the Petitioner at Kahuge Trading Centre. While he was there, Mutegeki, Capt. Byaruhanga’s driver arrived wielding a gun and picked them up, saying that they were wanted by the L.C.lll Chairman for Kahuge, Mukidadi Hajji. On arrival where Mukidadi was, he told them that he was arresting them because they had abused him and had reported Capt. Byaruhanga to have torn down the Petitioner’s posters at Kyakarata. Byaruhanga’s car immediately arrived with one Kassim Noah who beat Tibanyendera and his colleagues badly. They were repeatedly told to denounce the Petitioner. Thereafter they were driven to Kahunge Sub-County cell for detention but the Sub-County Chief refused to detain them, because G. Turwanwe the Sub-County Task Force Chairman for the Petitioner had just been detained there and released thirty days previously. The affidavit was based on knowledge and belief, but since the deponent gave account of what he witnessed, belief is irrelevant. The Chart shows that Tibanyendera’s affidavit is rebutted by Silver Mugeriyi but it does not show where the rebuttal affidavit may be found.

Evelyne Nzige’s affidavit has already been referred to in this judgment. She deponed that she received an anonymous letter on 11-03-2001, threatening her to go with the Petitioner or die if she ever appeared at Kaburaisoke Polling Station as the Petitioner’s polling agent. She sent her son to one of Kamwenge Streets, and he confirmed the threat to be real. She was aware that 5 of the Petitioners Polling agents had been arrested and detained by the Army in Kamwenge Sub-County. She feared to work as a Polling agent at the Polling Station. Geoffrey Byamukama, L.C.lll Chairman, demanded that she crossed to the 1st Respondent’s camp or hand over her Voter’s Card to him or serious action would be taken against her. She chose to hand over her Voter’s Card to Byamukama through her son. She received a message from him that he was happy and that nothing would subsequently happen to Nzige. The affidavit is based on knowledge and belief only what she is based on her knowledge is admissible. She did not give the source of her information about arrest of five polling agents. That part of the affidavit is inadmissible. The Chart indicates that Nzige’s affidavit is rebutted by Silver Mugenyi but it does not show where the rebuttal affidavit may be found.

Kiiza Davis of Bukundere, Busingye, Kamwenge, was the Petitioner’s Polling agent. On 11-03-2001, he was in Kamwenge Town with his brother, Peter Wasswa and Robert, a friend, when he was arrested by Kenneth and Friday, LDUs. He was taken to a railway line, where he found another Polling agent Faida Charles arrested. At 10.00 p.m. 2nd Lt. Richard, instructed the LDU to remove their identity cards. At 1 .00 am., they were taken in Katusabe’s car to Kamwenge Army Barracks. There, Kiiza and his colleagues were put in a ditch/trench and guarded by two soldiers. On the Polling day, at 10.00 a.m., Kizza was taken to the Polling Station at Kamwenge Primary School, Block I where the same Lt. Richard ordered the Presiding Officer to tick Kiiza’s ballot paper in favour of the 1 Respondent. He was then given the ballot paper and two armed soldiers escorted Kiiza to the ballot box to cast his vote. Thereafter, he was taken back to the barracks for detention. After polling, he was released at about 6.00 p.m. As a result Kiiza did not do his work as a Polling and monitoring agent for the Petitioner. He also tailed to deliver, as he was supposed to do, letters of appointment as the Petitioner’s Polling agents to Manyindo Robert, Herbert Vincent Kagonyera, Fede Kagonyera, and Kahesi. Faida Charles with whom Kiiza had been arrested also had his ballot paper ticked for him in favour of the l Respondent.

The affidavit was based on knowledge. It is admissible. The Chart does not show that Kiiza’s affidavit is rebutted. His evidence therefore, stands uncontroverted, and I believe it as true.

Betty Kyampaire of Kamwenge Town, Kamwenge District, was the District Monitor for the Petitioner. In her affidavit dated 22-03-2001, she deponed that while monitoring with colleagues, James Birungi and two others, she discovered that at Bushinge Primary School Polling Station, one Bwengye, L.C.IIl Vice Chairman had stuffed 300 ballot papers in a ballot box. She saw destroyed ballot papers at the same polling station. Some were stained with ink. Ticking of ballot papers was done in front of the Presiding Officer, Mwesigye.

At Kitonzi Primary School Polling Station, where the Petitioner’s agents had been detained, rigging was rampant. Kyampaire saw some people voting ten times without dipping fingers in ink. Kyampaire further said that one Rugirinyangi Eric, Movement L.C.I Chairperson for Kamwenge, went around at every polling station warning the officials, where the Petitioner’s agents were monitoring, so that they should be careful when they rigged. The same Rugirinyangi rode on a bicycle to all polling stations in Kibale County harassing all the Petitioner’s Polling agents. At Kyabondara, Kanyegaraire Polling Station where the Petitioner had much support, Kyampaire found the Presiding Officer and Polling officials maliciously spoiling ballots cast for the Petitioner by adding a small tick on the 1st Respondent’s picture. As a result, most of the Petitioner’s ballots became invalid. The same thing happened at Nkongero Primary School Polling Station, where the Petitioner had 40 votes, 38 were made invalid and only two remained. Kyampaire saw stuffing of ballot boxes by L.C. officials and members of the 1 Respondent’s Task Force, and ticking from the table was common at most polling stations in Kamwenge Sub-County where she monitored the elections. Her fellow agents, Kiiza Davis, Faida, Wasswa and Manzi had been arrested and detained the night of 11-03-2001.

She had just handed over to them their appointment letters and others, which they had to distribute to their colleagues. This corroborates what Kizza Davis said about his own arrest together with colleagues of his. Kyampaire said that she had to appoint fresh polling agents for Kitonzi and Kaburaisoke Polling Stations at around 10.00 a.m. At Kanyegaranure Polling Station, she saw one Mrs. Peace Tusingwire being forced to tick for the 1st Respondent at the Presiding Officer’s table. At the same polling station, Hope Tukahirwa was forced to tick for the 1st Respondent at the table, but she refused, and she was followed up to the basin, to see whom she would vote for. One Kasiime, an official at that polling station, insisted that she should tick the 1st Respondent, and she did so. At Kamala Polling Station, one Charles, the Petitioner’s polling agent was chased away by a group of men including Eric Rugirinyangi, Movement L.C.l Chairman, Chairman L.C.lI of Nyabami Leo, and Chairman L.C.V, Misekeera, who were moving with an armed soldier. Kyampaire further said that earlier during the campaign, she was constantly harassed threatened and her shop in Kamwenge Town was vandalized, door shattered, property looted by a group of hooligans headed by the said Rugyeranyengi, Karela, Capt. Charles Byaruhanga, the MP for Kibale County. The Petitioner’s Task Force Offices were constantly closed down and reopened, and Petitioners posters torn down by people from the 1st

Respondent’s Task Force. The affidavit was based on knowledge and belief. Since what the deponent to and said was from her knowledge, belief is irrelevant. The Chart does not show that Kyimpaire’s affidavit was rebutted. The evidence, therefore, stands uncontroverted. I accept it as true.

Alex Otim, of Gulu, said in his affidavit of 22-03-2001, that on 1 2-03-2001, he went to vote and to monitor the elections in Paico Division (Sub-County). He did not say whether he was a monitor for any of the Presidential Candidates, but the context shows that he was the Petitioner’s agent. He said that while he was at Paico R7 Primary School Polling Station, he and other fellow agents found that two soldiers were deployed at each polling station. The soldiers started forcing voters, especially old ones, to vote for a candidate of the soldiers’ choice. The soldiers involved in such malpractices were Opoka Denis, Maj. Rasheet, Dumba Julius, and Ocen Francis. The Petitioner’s agents chased away the soldiers, but the soldiers returned armed and using an armoured army vehicle (Mamba). They assaulted Otim and Okello, arrested them, and released them at 8.00 p.m. after the polling had closed. The affidavit was based on knowledge and belief since the deponent said only what he witnessed, belief was irrelevant. Otim’s affidavit was rebutted by Nyeko Charles, who was the Presiding Officer at Paico R7 School Polling Station. In his rebuttal affidavit dated 1-4-2001, he deponed that it was not true, as alleged in Otim’s affidavit, that soldiers were deployed at the polling station, nor did any soldier force any one to vote at all. On polling day, no military vehicle went to the polling station, and no soldier assaulted or arrested anybody at that polling station. The election was conducted in conditions of peace, freedom and security. I do not believe Nyeko’s denial of what Otim deponed in his affidavit for the reasons, first, that it is difficult to imagine that Otim invented what he said, including names of four soldiers, whom he said forced old people to vote for candidates favoured by the soldiers and that the soldiers ran to the barracks and returned armed and had an armoured army vehicle. Second, Nyeko would not be expected to admit that malpractices alleged by Otim occurred under his very nose. It was also against the law that armed soldiers should be at a polling station, which Nyeko is presumed to known. For these reasons, I believe Otim’s evidence as true and Nyeko’s denials as false.

Mugalula Joseph of Bukaka, Kayunga, Kangulumira, Kayunga District, was the Secretary General of the Petitioner’s Kayunga District Task Force. In his affidavit of 23-03-2001, he deponed that he was also an election monitor in charge of Ntengyeru North and Ntengyeru South Constituencies in Kayunga District. He made a report of what he saw on polling day. The Report, dated 20-03-2001 is annexed as ‘REP” to Mugalula’s affidavit. The report is also signed by other officials of the said Task Force, namely the Chairman, Vincent Kawooya, and the Vice Chairman Hajji Edirisa Muwonge. It is a four — page report, showing details of malpractices throughout Kayunga District. I shall refer here only to allegations pertinent to intimidation, and harassment of the Petitioner’s supporters. Under Nazigo Sub-County, it says that all Presiding Officers and Polling assistants belonged to the incumbent camp and they never welcomed the complaints from the Petitioner’s agents. This was mostly registered in Kisoga and Bukemba Parishes; and that Brigadier Wamala Katumba intimidated, using vocal words against Non — Buganda. Under Busaana Sub-County, armed soldiers moved all over the Sub-County not on foot but on Ndeeba Secondary School Truck. The election Constable especially the Local Defence (LDU) had big sticks and used intimidating language, thus subduing voters. At 2.15 p.m. at Namwama, the Parish L.C.ll sat at about 300 meters in a Muvule tree in an electoral tribunal, briefing voters before they went to vote and referred to other Presidential Candidates as “Obote agent Dictators”, etc. Under Kayunga Sub- County, most voters never voted due to intimidation by the presence of armed men who were patrolling the whole sub-county and telling them to vote wisely. The Deputy CAO Kayunga confiscated books being used by the Petitioner’s agents at Sukka Polling Station and used abusive language. Under Wabuwoko/Kitimbwa Sub-County, armed men patrolled all roads to polling stations in their double cabin vehicles, giving instructions and intimidating voters. Most voters never voted because their names were not in the Voters’ Register. Declaration forms were not given to the Petitioner’s agents because the results were rigged. Under Kayonza Sub-County, armed men in uniform were deployed in most polling stations and they were guarding roads at every point. Armed men were transporting voters to polling stations.

Under Bbaale Sub-County, there was intimidation and use of abusive language by Presiding Officers and Polling assistants. They also assisted voters to vote not according to the voter’s wishes. Armed men moved around and intimidated voters to vote for the 1st Respondent.

Under Galilaya, Sub-County, there was intimidation of the Petitioner’s election monitors by supporters and or agents of the incumbent and by armed uniformed men. The Petitioner’s agents were directly subordinated by armed men in double cabin vehicles and by the 1st Respondent’s agents, with the result that they either left polling stations or never appeared there in the first place. The Chart indicates that Mugalula’s affidavit is rebutted by Wamala Katumba on page 352 of the 1st Respondent’s volume of affidavits, but that page contains an affidavit of another person altogether, not relevant to Mugalula’s affidavit.

Lukwiya Pido, of Gulu deponed in his affidavit of 22-03-2001 that on 12-03-2001, he went to the barracks to monitor five polling stations in the barracks. The soldiers chased away all the polling assistants and replaced them with fellow soldiers. There was massive voting by under-aged children. The Presiding Officers could do nothing since soldiers were rude to them. There were discrepancies between the names on the register and the names on the Voters’ Cards. There were also discrepancies about the age of the voters in the register and on the Voter’s Cards. Even the serial numbers were not the same, but soldiers just forced people to vote, and no one was allowed to question them. The soldiers removed the basin and they were voting in the open so that their superiors saw how they voted. Polling went on up to mid-night. When they complained about the malpractices, Lukwiya and his colleagues were arrested and tortured by a gang of soldiers and taken to the quarter guard inside the barracks. Their clothes were removed and they were flogged, and later transferred to the police station where they were later released on police bond.

The affidavit is based on knowledge and belief. Since the deponent spoke only about what he witnessed, belief is irrelevant.

Odoki Charles Torach rebutted Lukwiya’s affidavit. In his rebuttal affidavit dated 1-4-2001, he said that he was the Presiding Officer of Kasubi M-N Palling Station in Gulu Barracks. He was there from 7.00 a.m. to 7.30 p.m. as time for polling had been extended to midnight because it was an Army polling station. What Lukwiya had said in his affidavit was not true. The election was free and fair. There was no multiple voting, harassment or intimidation as alleged by Lukwiya. Torach did not say who extended the polling time at army polling stations. Further, he did not respond to certain allegations in Lukwiya’s affidavit; for instance that civilian polling assistants were replaced by soldiers and that names and ages shown in the Voter’s Cards did not match with what Voters’ Register showed. It is not credible that Lukwiya made up all he said in his affidavit. In any case, Torach would not be expected to admit that electoral malpractices alleged by Lukwiya, occurred at the polling station, of which he was the presiding officer, if the allegations were true. Consequently, I do not accept Torach’s denials. I believe that Lukwiya spoke the truth.

Henry Muhwezi, of Kakinga II Village in Kamwenge Lower deponed in his affidavit of 31-03-2001 that he was a campaign agent for the Petitioner in Kamwenge District. He was his Publicity Secretary for the District. He knew Captain Charles Byaruhanga M.R, who was his personal friend and a campaign agent for the 1st Respondent. Muwhezi further said that while he was at Kamwenge Medical Care, opposite the 1st Respondent’s campaign Task Force offices, he was called by Byaruhanga, M.R, who was then standing in front of the 1st Respondent’s Task Force Offices. Muwhezi went to Byaruhanga, and the M.R told him to change from supporting the Petitioner to the 1st Respondent, Byaruhanga’s candidate. Muwhezi replied that as on previous occasions when Byaruhanga asked him to change, he would not change this time. Thereafter, Byaruhanga told him that what suited Muwhezi was the gun, because he was now a rebel and Byaruhanga would deal with him as such. All this happened in the presence of James Birungi Ozo, the Petitioner’s District Task Force coordinator. Later in the day at about 6.00 p.m., while Muwhezi was at Jack Tumusiime’s place, he was abducted by Nuha Kassim, the escort of Byaruhanga, Abdul Kaneera, and Kenneth Ruzindana, LOU. Muwhezi was bundled into a car owned by Abdul Kaneera, being driven by one Musinguzi. He was taken to Umoja’ Hotel, where he found Byaruhanga who instructed his abductors to take him to Bihanga Army Barracks. On the way to the barracks, and at Kiburasoke Village, the car was stopped and Kassim put Muwhezi on gun point. Muwhezi was pulled out of the car and thrown into a trench, where he was beaten and tortured. As Muwhezi lay in the trench, bleeding and his arm injured, his tormentors told him to go away, while Kassim pointed a gun at him. Subsequently he crawled away and hid in a nearby bush. As they drove away Muwhezi heard his tormentors say that they would go to his home at Kakinga. He remained in the bush for three hours and thereafter went to Evelyn Nzige, the Treasurer of the Petitioner’s District Task Force.

Evelyn took Muwhezi to Kamwenge Nursing Home for medical treatment. A copy of the treatment notes was annexed to the affidavit as “1.” He reported the matter at Kamwenge Police Station under reference SD 18/26/2/2001 and case file CRB 38/2001. On the following day 27-02-2001, when Muwhezi went to his home, he found that it had been vandalized and the church where he was the coordinator burnt down. Thereafter, he left Kamwenge and went to Mulago Hospital in Kampala for further treatment. He also reported the matter to the Uganda Human Rights Commission, where a case tile Ul-IRC.131/2001 was opened. Muwhezi was thereafter interviewed by one Katende G. Mohammed, a reporter with the “Monitor” News paper and the interview was carried on the news paper issue of 20-02-2001, a copy of which was attached to Muwhezi’s affidavit as annexture “2.”

Muwbezi further said that on 11-03-2001, Faida and Kizza Davis, the Petitioner’s polling agents were arrested and detained at Kamwenge Army Detach. Muwhezi ended that due to intimidation on himself and other supporters of the Petitioner, coupled with other malpractices, the Petitioner’s Task Force in Kamwenge rejected the results of the elections in a Press Release, a copy of which is attached to the affidavit as annexture “3.” The medical treatments notes attached to the affidavit describe Muwhezi’s injuries. They are consistent with assault and torture. The news paper article bears a photograph of Muwhezi showing his left arm in a bandage.

The caption appearing below the photograph reads:

“Henry Muwhezi displays his injured arm at the Besigye Task Force offices yesterday.”

Muwhezi’s affidavit also corroborates the evidence of Faida and Kiiza Davis about their own arrest and detention.

A copy of the Press Release, dated 13-03-2001 attached to Muwhezi’s affidavit starts thus: