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

(2) Any person who contravenes sub-section (1) commits an offence.”

In my view, considering the above provisions of the Act, although the Army Commander, Major General Jeje Odongo explained in his affidavit circumstances under which UPDF soldiers got involved in being deployed in the electoral process, I must state that there was no provision in the Presidential Elections Act, 2000 under which they came to be on polling stations. It appears that the nearest the armed soldiers could come to the polling station was one kilometer. Therefore, unless armed soldiers were called upon by lawful authority to be on the polling stations, they should not have been on the polling stations. In my view, for the purpose of the Presidential Elections, lawful authority appearing in sub-section (1) of Section 42 of the Act, would mean those in charge of the Electoral process.

Clearly, the evidence in the affidavit of Kakuru Sam, Kiiza Devis, Alex Busigye, Patrick Matsiko Wa Mucoori and Boniface Ruhinda Ngaruye shows that petitioners’ agents who complained about any mal-practices in the voting process at the polling station were chased away by armed UPDF soldiers who were present.

In my opinion, since the law was very clear that no person shall arm himself or herself during any part of polling day with any deadly weapon or approach within one kilometer of the polling station, with deadly weapon unless called upon, and since the Electoral Commission Chairman had written to the President disapproving of their involvement in the electoral process and had appealed to him to withdraw them from the exercise, it cannot be said that those in lawful authority had called upon the armed soldiers to be on polling stations. Moreover, the armed soldiers had their own designated polling station where they were supposed to cast their votes. Therefore, they ought not to have been on civilian polling stations because their presence could be interpreted as interference with free and fair election.

I would therefore say that soldiers and other para military personnel with deadly weapons at polling stations was non-compliance with the Act.

9.There was a complaint that the 2nd respondent failed to ensure that the entire electoral process was conducted under conditions of freedom and fairness and as a result the petitioner and his agents and campaigns were interfered with by Military including the PPU and the Para Military personnel such as that led by Major Kakooza Mutale. The petitioner’s affidavit in support of the petition states in paragraph 1 5 as follows:

“That during the whole period of the presidential election campaign the respondent deployed the Army and Major Kakooza Mutale’s pare Military personnel of Kalangala Action Plan all over the Country and directed the Army Commander Major General Jeje Odongo and other Senior Military Officers to be in charge of security during the whole Presidential Election process and subsequent to this, my supporters, campaign agents any myself were harassed and intimidated and a number of any supporters and campaign agents were assaulted and arrested.”

There were several affidavits in support of the above complaint, but I shall cite a few.

I shall start with the affidavit of Hon. Major (Rtd) Okwir Rwaboni who stated as follows: