(6) The movement chairman and sub-county Chief came to the scene and tried in vain to rescue Sonya with the voters card and the records I had arrested but in vain.
(71) With the assistance of the crowd I detained Sonya together with the voters cards until some police officers from Mbale police station arrived at the scene. Mr. Sonya was then taken to Mbale police station together with the voters card, the polling station Return Forms. I accompanied him to the police station. My complaint was registered as SD 18112103/2007.
(7) Two days later I saw Mr. Sonya at large in our area.”
Undoubtedly, the evidence adduced in the affidavits in support of this complaint show that there were floating ballot papers which must have been released by office of the 2nd respondent, since they were the ones in charge of printing and distributing them. As a result of these floating ballot papers in a significant number of polling stations, some people were able to use them in stuffing ballot boxes and others were intercepted before casting them in the ballot boxes. This is clearly shown in the affidavits of Ojok David Livingstone, Basajabalaba Jafari, Stanely Bugando and Wafidi Amiri.
However, it must be noted that the evidence in the above affidavits were controverted by some affidavits of the persons alleged to have been involved in the mal-practices - Such as that of Moses Mwesigye from Kanungu, Allen Kyomuhangi of Bushenyi and Nakintu of Namatala of Mbale. I would therefore place no reliance on such affidavits. I must state that I am satisfied that there was cheating coupled with attempted cheating of votes in a limited number of polling stations.
17. The last complaint was intimidation of petitioner’s polling agents and supporters on polling stations by the 1st respondent’s supporters GISO, LDU and UPDF soldiers contrary to Sections 25(1) and 74 (a)(1) of the Presidential Elections Act, 2000.
In support of the above complaint there are several affidavits which were sworn.
Some of these affidavits are — Masasiro Stephen of Bukabelyenda of Bufumbo
Mbale, Mubaje Sulaiti from Bubyange of Mbale. When these deponents
complained and protested of rigging, they were chased from the polling stations.
The affidavit of Niiro Suliman from Nkusi in Bugiri averred in paragraphs 3,4,5 and 6:-
(3) That soldiers from RDC’s office came threatening and were forcing young children below 78 years of age to vote. We tried to refuse them but we were over powered since they were armed.
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