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

Acts of intimidation, harassment, etc. by supporters and agents of the 1st Respondent:

Credible evidence indicates that supporters and agents of the 1st Respondent were involved in intimidation and harassment of the Petitioner’s supporters and agents. I shall give some examples When the Petitioner went to address a rally at Kamwenge Town on 16-02-2001, he found that agents and supporters of the 1st Respondent had organized themselves along the streets of Kamwenge, carrying posters of the 1st Respondent and throwing stones at the Petitioner’s convoy. This interfered with his campaign and his supporters were intimidated and assaulted. On 17-02-2001, at Ishugu, in Kamwenge, the 1st Respondent’s supporters molested student supporters of the Petitioner. On 9-3-2001, when the Petitioner’s agents were holding a meeting in Kihanda Parish, 15 vigilantes of the 1 Respondent attacked them with sticks and ran away when an alarm was raised. The next day PPU and the Police started hunting the Petitioner’s supporters.

On 12-03-2001 at Kasika Nyakimasa Polling Station when an agent of the Petitioner complained to the Presiding Officer about under-aged children being allowed to vote, the Presiding Officer ignored him and the Respondent’s agents threatened to stone him if he continued with his complaints. In Nyabushozi and Isingiro Polling agents for the Petitioner were harassed, arrested and beaten, tied up, detained or threatened with violence and chased away from polling stations by heavily armed UPDF, LDUs and supporters of the 1 Respondents. At Bakabahyenda Polling Station in Jewa Parish, Bungokho, Mbale District, a disturbance was started by the area Sub-County Chief, the Chairman of the 1st Respondent’s Task Force, the Sub-County Councilor who went with four armed soldiers, who shot in the air. Early in March, the 1st Respondent’s supporters were mobilized by the RDC of Kabale to violently stop the Petitioner’s agents from a rally in Nyakamunira Trading Centre, in Rubaya. During the entire period of campaign, many agents and civilian supporters of the 1st Respondent regularly went around with guns threatening the Petitioner’s supporters to compel them to support the 1st Respondent.

On 16-02-2001, after the Petitioner had addressed a rally in Kamwenge Town, the Petitioner’s supporters met a mob of the 1st Respondent’s supporters armed with bricks, stones, and sticks, who beat up the Petitioner’s supporters. They shouted ‘Besigye’s supporters.” The victims were pursued up to Kamwenge Police Station where they took refuge and reported about the incident. One of the Petitioner’s supporters was very badly beaten and had to obtain medical treatment. In Kibuku, Pallisa, a Petitioner’s agent who had complained about electoral malpractices was accused by the 1st Respondent’s supporters that he was a rebel. As a result, he felt that his life was in danger and he confined himself at his residence.

On polling day at Rurembo in Kabale District, one of the Petitioner’s polling agents, was told by a group of men led by one Kugaja that the agent should go away because they were self-sufficient. They did not need him as a visitor at the polling station. They kicked, beat and trampled on him. He managed to escape when they called a crowd to arrest him for being a Petitioner’s agent. The crowd shouted that if the Petitioner’s agents went to the polling station, they should be killed. On 28-02-2001, Hon. Captain Byaruhanga M.P., and his escorts, threatened one of the Petitioner’s agents with death unless he denounced the Petitioner. Later the same day, the M.P’s driver and escort beat up the Petitioner’s agent and a colleague.

In Kamwenge, one of the Petitioner’s agents was frequently threatened and harassed and her door shattered and shop vandalized by a group of hooligans led by an L.C.I Movement Chairman. The Petitioner’s task force offices were constantly closed down and reopened and his posters torn down by people from the 1st Respondent’s task force.

In Kayunga, a report of electoral malpractices compiled by the Petitioner’s agents, an annexture to the agent’s affidavit indicates that in Galilaya Sub-County, the Petitioner’s monitors were intimidated by the 1st Respondent’s supporters, agents and armed men in uniform. In Kamwenge Town, a campaign agent for the Petitioner was threatened with a gun by Hon Captain Byaruhanga, M.P. and branded a rebel because he had refused to denounce the Petitioner and change sides to the 1st Respondent. When the agent was being driven to Bihanga Army Barracks he was severely assaulted and thrown into a ditch and his arm injured.

At Nyamwegabira Polling Centre, Nyakatungwe, Rukungiri District, a Sub-County election monitor for the Petitioner, was booed by a mob of twenty youths, led by Samson of Busengo, Busesi of Bwenerere and Odongo of Nyaimwegabira, who told the monitor in a chorus that if he needed his life, he should disappear from the scene. Odongo, one of them, said that the Petitioner should not appear at that polling center. As a result, the Petitioner’s monitor feared for his life.

Activities of Major Kakooza Mutale and his Kalangala Action Plan Group:

Complaints against what the Petitioner called Major Kakooza Mutale and the Kalangala Action Plan armed para — military group were made in paragraphs 3(1) (v) and 3(2) (d) of the Petition, which I have already set out in this judgment. In his Answer to the Petition, the 1 Respondent, in essence, denied that he deployed such a group or that it harassed or intimidated the Petitioner’s supporters. Evidence about this group came from the affidavits of the Petitioner, from the 1st Respondent, Hon. Winnie Byanyima, M.R, and from Major Mutale himself. What the Petitioner said in his affidavit in this connection must be from reports he had received. He did not disclose the sources of such information. Hon. Winnie Byanyima, on the other hand said in her affidavit that she was informed by the Petitioner’s Mbale District Task Force Chairman, one Wagyega that two days before the Petitioner’s rally in Mbale, Major Kakooza Mutale and his band of armed men beat up the Petitioner’s supporters in Mbale. In his affidavit dated 4-4-2001, Major Kakooza Mutale said, inter alia, that he is a special Presidential Advisor on political affairs. A copy of his schedule of duties as such was annexture “A” to his affidavit, which enjoins him to carry out duties of political mobiliser and tender advice to the President, etc. Mutale then narrated how a convention was held in Kalangala from 25’ to 28th September, 2000. The convention formed “Kalangala Action Plan” with a long list of objects and organizational structure. The convention was attended by 481 participants all of whom were mobilisers, mass mobilisers, political mobilisers and supporters of the Movement, security officers. GISOs, LC. Officials, businessmen, cadres, youth leaders, etc. from all the Districts of Uganda. The Kalangala Action Plan prepared a document called:

“A Memorandum to his Excellency. The President from the convention of Movement Mobilisers held in Kalangala from 25-09-2000 to 28-09-2000, said in the preamble: