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

SUMMARY OF FACTS AND CONTENTION

In the petition, the Petitioner raised very many complaints against the two respondents and their agents and/or servants, for acts and omissions which he contends amounted to non-compliance with the provisions of the Presidential Elections Act, 2000 (PEA) and the Electoral Commission Act, 1997 (ECA) and indeed the Constitution.

The Petitioner’s case against the 1st Respondent is that he personally, or by his agents with his knowledge and consent or approval, committed illegal practices and offences in contravention of Ss.25, 42, 63 and 65 of the PEA and Section 12 of the ECA. These include publication of a false statement that the Petitioner was a victim of AIDs; offering money and gifts to voters; appointing partisan senior military officers and partisan sections of the Army to take charge of security during the elections; organising groups under the Presidential Protection Unit and under Major Kakooza Mutale with his Kalangala Action Plan, to use violence, to harass, to intimidate, to molest and threaten persons supporting the petitioner and the petitioner’s agents; and threatening to cause death to the petitioner.

In his answer to the petition the first respondent denied most of the allegations made against him, contending that the entire presidential electoral process was conducted under conditions of freedom and fairness. He admitted making the statement that the petitioner was a victim of AIDS but stated that it was not made publicly or maliciously. He denied giving gifts or being privy to giving gifts. He denied threatening to put the Petitioner six feet deep. Among the major complaints, which the Petitioner makes against the 2nd Respondent are failure to efficiently compile, maintain and up- date the national voters’ register, voters’ roll for each constituency and for each polling station; failing to display copies of the voters’ roll for each parish or ward for the prescribed period of not less than 21 days, failure to publish a list of all polling stations within the prescribed period of 14 days before nomination; increasing the number of polling stations on the eve of polling day without sufficient notice to candidates; allowing, or failing to prevent stuffing of ballot papers into ballot boxes, multiple voting and under-age voting; chasing away the petitioner’s polling agents or failing to ensure that they are not chased away from polling stations and counting and tallying centres; allowing or failing to prevent agents of the 1st Respondent from interfering with electioneering activities of the Petitioner and his agents; allowing armed people to be present at polling stations; falsification of results; and failing to ensure that the election was conducted under conditions of freedom and fairness. According to these allegations, the 2nd Respondent violated Sections 12,18,19, and 25 of the ECA as well as Sections 25, 28, 29, 30, 31, 32, 34, 42, 47, 56, 70, 71, and 74 (b) of the PEA.

In its answer to the petition, the second respondent denied most of the allegations contained in the petition and averred that if any of the allegations were found to be true, they did not affect the election result in a substantial manner. The second respondent admitted setting up new stations belatedly but claimed that the new stations were a result of splitting up the old stations. It also admitted that it was unable to furnish copies of registers to the Petitioner due to insufficient time to prepare the registers. It again admitted displaying voters’ registers for a total of five days only instead of the statutory 21 days. It averred that the election was held under conditions of freedom and fairness.

The Petitioner’s counsel were led by Mr. Joseph Balikudembe who was assisted by Messrs. Peter Walubiri, M. Mbabazi, Y. Nsibambi, S. Njuba, Prof. Oboth-Okumu, K. Katino, D. Lubega, C. Alaka, and Lukwago, all members of the Uganda bar.

Counsels for the first Respondent were lead by Dr. Joseph Byamugisha, with Dr.
J. Khaminwa, (of the Kenya Bar), as Deputy lead Counsel. They were assisted by Messrs. Mwesigwa-Rukutana, M. Kimuli, F. Natsomi, Didus Nkurunziza, S. Bitangaro, Peter Nkurunziza, W. Byaruhanga, A. Kasirye, all of Uganda bar and Eugine Wamalwa (of the Kenya Bar).

The second respondent was represented by Peter Kabatsi, the Solicitor- General who was assisted by Messrs. Deus Byamugisha, the Ag. Director of Civil Litigation, Barishak Cheborion, the Commissioner for Civil Litigation and J. Matsiko, Senior State Attorney.

I will first dispose of the “preliminary” objections to the affidavits.