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

“(4) Any person registered as a voter and whose name appears in the voters’ roll of a polling station and who holds a valid voter’s card shall be entitled to vote at the polling station.”


Clearly, the 2 respondent had no discretion to allow any person without voters card to vote merely because he was identified. Otherwise, there would be no need for registration of voters and issuing of voters’ cards. I would in the circumstances find that the 2 respondent was in breach of sections 29(4) & 34 of the Act.

8. Another complaint was that C/s 42 of the Act the 2^nd respondent’s servants and or agents in course of their duties allowed people with deadly weapons to wit soldiers and para military personnel at polling station — a presence which intimidated many voters to vote for the soldiers’ boss and candidate Museveni while many of those who disliked to be forced to vote for that candidate stayed away and refrained from voting.

The 2^nd respondent denied ever allowing any unathorised armed people in any polling stations. I think that the 2t respondent had a problem of enforcing section 42 of the Presidential Elections Act, 2000 after the Army Commander and a group of other Senior Army Commander and soldiers together with other security agencies were deployed as spelt out in the affidavit of Major General Jeje Odongo, to take charge, oversee and ensure peace and security during the electoral process.

Otherwise the law was very clear. Section 41 of the Act gives power to the presiding officer at any polling station to appoint an election constable to maintain order in the polling station throughout the day, if there is no police officer. The section lays down circumstances under which an election constable can be appointed.

Then Section 42 of the Act provides as follows:

“(1) No person shall arm himself or herself during any part of polling day, with deadly weapons or approach within one kilometer of a polling station, with deadly weapons, unless called upon to do so by lawful authority or where he or she is ordinarily entitled by virtue of his or her office to carry arms.