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

9. That in self-defence, I took out my concealed weapon and shot in the air to scare them away”

The major does not say why the deponents should swear falsely against him. He does not tell where the secret meeting was taking place. Curiously enough the major does not explain why these youths led by Birungi should be so courageous as to wish to attack him. Can ordinary youths attack a UPDF major for no reason? I do not believe the major. If Davis Kiiza was a well-known army deserter, why arrest the others?

Betty Kyirnpaire, Birungi James Ozo and seven other agents of the petitioner have sworn their affidavits in support of the petitioner. They give detailed accounts of what took place on the days proceeding the voting and on the voting day and show that Major Kankiriho is hiding the truth. If, as he claims, he was operating in a dangerous zone, I can’t see a whole major moving without escorts and AIDEs at night. The story of being surrounded by youths is false created simply to cover up the terror and intimidation unleashed by the major to innocent supporters of a political dissenter, the petitioner.

Betty Kyimpaire was district monitor in Kamwenge for the petitioner’s campaign activities. She gives her impressions of what happened before and on 12/3/2001, the polling day. In paragraph 20 of her affidavit, she sums up the position in the following words:

during campaign I was constantly harassed, threatened and my shop in Kamwenge Town was vandalized, doors shuttered, property looted by a group of hooligans headed by Eric Rugyeranyangi, Kerela, Hon. Captain Charles Byaruhanga, the MP Kibale county”

This MP in his affidavit admits campaigning in Kamwenge for the first Respondent. Of course the Hon. Captain Byaruhanga has denied what Kyimpaire states. But, as I said earlier, I have found no sound reason or any plausible reason on the basis of which this woman and other deponents could accuse the MP and swear falsely against him. I believe that what she has stated in her affidavit represents what happened, namely-violence against, intimidation and harassment of the representatives and supporters of the petitioner.