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

Voting Before or After prescribed Time

The Petitioner alleges in his petition that contrary to Section 29 (2) and (5) of the Act, the 2 Respondent and its agents or servants allowed voting before the official polling time and allowed people to vote beyond the polling time by people who were neither present at Polling Stations nor in the line of voters at the official hour of closing. The 2nd Respondent denied the allegation and averred that only people present at the polling stations or those in the line of voters at the official closing time were allowed to vote out of time.

Section 29 (2) of the Act provides that

“At every polling station, polling time shall commence at seven o’clock in the morning and close at five o’clock in the afternoon.”

This section promotes the principle of transparency.

Moses Babikinamu who was a Polling Agent for the Petitioner at Lwebifakuli Polling Station in Mawogola Country, Sembabule District claimed that on the polling day he reported at the Polling Station at 6.30 a.m. but by that time voting had started. He asked the Presiding Officer why the voting commenced before 7.00 a.m. but she simply to him to sit down and concentrate on his work. At about 10.00 a.m. the Member of Parliament Hon. Sam Kuteesa came and asked how many people had voted and he was told 300 whereas he had counted 52. By 5.00 p.m. he had recorded 160 voters, but at the end of the exercise the Presiding Officer declared 510. When he disputed the number declared, the 1st Respondent’s Agents threatened him with arrest. The Presiding Officer forced him to sign the documents without him reading through and he did so. He did not report this matter to any authority. Instead he signed the Declaration Result Forms. He must be deemed to have signed the forms voluntarily in the absence of any other evidence to support his claim of duress.

Oliver Karinkizi denied the allegations made by Babikinamu. He denied being a Campaign Agent of the 1st Respondent. He stated that he was the Presiding Officer at the Polling Station and the voting commenced at 7.00 a.m. in the presence of other agents except Babikinamu who came after 7.00 a.m. He denied making him sit at a distance of five meters away. He admitted Hon. Kuteesa came to the Polling Station but in the afternoon. He stated that the number of people who voted at the Polling Station was 510, which was declared in the presence of al agents. He revealed that Babikinamu and his colleague willingly signed the tally sheets in the presence of many people. Hon. Sam Kuteesa admitted visiting the Polling Station, but denied interfering with the voting process at that Polling Station.

Ngandura John was a Polling Agent for the Petitioner at Nyakabengo Primary School Polling Station in Kisoro District. He claims that he arrived at the Polling Station at 4.00 a.m. and the polling began at 6.00 a.m. despite his request that it starts at 7.00 a.m. which was turned down by the Presiding Officer. Livingstone Tenywa, the District Police Commander, Kisoro District, denied receiving any report from Ngandura on the polling day.

Tumusiime Enock who was in charge of overseeing the operations of Polling Agents for the Petitioner in Kajara Country in Ntungamo District, claimed that at 7.30 p.m. on polling day after completing the tallying of results in Ntungamo Town Council, he received information that voting was still going on at Kayenje Polling Station. At 11 .30 p.m. he and the Returning Officer of Ntungamo District and six Police Officers went to Ntungamo Catholic Social Centre following information that voting was taking place there. They found voters still casting their votes in favour of the 1st Respondent even though the place was not a polling station. They found nine ballot boxes already delivered at the Centre from Ngoma, Rugarama, Kagagu, Kayonza, Kikoni, Kahengyeri, Kabingo, Rwebirizi and Rusunga.

When the Returning Officer questioned the Presiding Officer why he had allowed voting at an ungazetted place, the Presiding Officers responded that the Chairman of the Electoral Commission had extended the time for voting to midnight. Because of these irregularities the Petitioner’s Agents decided not to sign the Tally Sheets and the Declaration of Results Forms for the District. The witness does not say how he came to know that the voters were voting for the 1st Respondent. Secondly he does not indicate what action was taken against the Presiding Officers by the Returning Officer or the Police. His tale is incomplete and is not corroborated.

Musisi Francis a Polling Agent of the Petitioner at Bailambogwe Polling Station in Mayuge District, claimed that on polling day when he reported at the Polling Station at 6.00 a.m., he discovered that the voting exercise had already started in the absence of all other Polling Agents for different candidates. Then who was conducting the elections or who was present? The witness is silent as to who was present. How many people had voted?

I find that the evidence by the Petitioner not credible and convincing. I believe the evidence by the Presiding Officers that they conducted the voting within the prescribed time. Therefore the principle of transparency was not violated.