| Chasing Away Polling Agents from Polling Stations:
The Petitioner complains in para 3 (1) (g) of the Petition that contrary to the Provisions of Section 32 and Section 47 (4) and (5) of the Act, on the polling day, during the polling exercise, the Petitioner’s Polling Agents were chased away from many Polling Stations in many Districts of Uganda and as a result, the Petitioner’s interests at those Polling Stations could not be safeguarded.
The 2nd Respondent denied the allegation. It stated that it had no knowledge that the Polling Agents of any Presidential Candidate were chased away by its servants or any other person and that the Petitioner’s Agents were free to observe and monitor the voting process.
Section 32 (1) of the Act provides,
‘A candidate may be present in person or through his or her representatives or polling agents at each Polling Station for the purpose of safeguarding the interests of the candidate with regard to the polling process.”
According to sub-section (2) not more than two agents may be appointed for each Polling Station. Section 32 (4) provides that the Polling Agents shall be seated in such a place as to enable them observe and monitor clearly the voting process. On the other hand, Section 47 deals with the process of counting votes after the voting. Section 47 (4) and (5) deals with the votes of the Polling Agents during the counting and provides as follows:
“(4) Subject to this Act, a candidate is entitled to be present in person or through his or her agents at the Polling Station throughout the voting and counting of the votes and at the place of tallying of votes and ascertaining of the results of the poll for the purposes of safeguarding the interests of the candidate with regard to all stages of the counting and tallying processes.
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