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



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Intimidation:

The term intimidation is used here, to include the offences of interference with electioneering and that of undue influence as defined in SS.25 and 74 of the Act, as well as any other act that infringes on the principle of freedom in elections. What was pleaded in that regard in several sub-paragraphs of the petition may be summarised thus-

(a) that the Petitioner’s election campaigns were interfered with

(i) by the 1st Respondent’s agents/supporters: (para 3(1) (n) of the petition); and

(ii) by the Army, the Presidential Protection Unit (PPU) soldiers, and the para-military personnel led by Major Kakooza Mutale, all of whom violently harassed, abducted and arrested the Petitioner’s agents and supporters to prevail on them to vote for the 1st Respondent or abstain from voting: (para 3(1) (v), (w)) and (y) (vii) of the petition);

(b) that the 2nd Respondent and its agents/servants allowed soldiers and para military personnel armed with deadly weapons at polling stations, which presence intimidated voters into either voting for the 1st Respondents or abstaining from voting: (para 3(1) (r) of petition); and


(c) that the Petitioner’s polling agents were forcefully chased away from polling stations and did not observe the voting counting and tallying processes (para 3(1) (p), (s) and (t) of petition).
It is not practical or even necessary to review here, the evidence in each affidavit brought to prove these assertions. It will suffice to highlight what appeared to me to be the major affidavit evidence, starting with that deponed by the Petitioner.


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