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

Intimidation elsewhere:

There was less evidence of intimidation in other districts. The only other incident witnessed by the Petitioner, was in Kamwenge district. He deponed that on 16th February, 2001 when his convoy of vehicles entered Kamwenge Town, he found many people carrying posters and singing campaign slogans of the 1st Respondent. They interfered with his campaign, throwing stones at the vehicles in the convoy and assaulting and harassing his supporters. The Petitioner’s area coordinator, Peter Byomanyire, averred about an attack after the rally at about 5 p.m. It is not clear if this is the same or is additional to what was witnessed by the Petitioner. Hon. Winnie Byanyima also averred that she, with other Task Force Members who had gone to address a rally in Kamwenge, met a crowd of people who shouted at them and tried to block their way. She did not mention the date. Again, it was not clear whether that was a different, or the same, incident, as referred to by the Petitioner and/or by Peter Byomanyire.

There was further affidavit evidence on harassment of the supporters and agents of the Petitioner in Kamwenge. Two of the agents Patrick Kikomberwa and Evelyne Nzige averred that as a result of threats received from a Parish Chief by the former, and through an anonymous letter received by the latter, they feared to take up their appointments as polling agents for the Petitioner. The former claims that on turning up to vote he was urged by the Presiding Officer and the NEM Monitor to vote for the 1st Respondent, and because both followed him to watch as he ticked the ballot paper, he ticked for the is Respondent out of fear but against his will. The latter did not vote at all, but surrendered her voter’s card to the LC Ill Chairman as an assurance that she did not vote for the Petitioner. Henry Muhwezi the Publicity Secretary and Moses Tibanyendera, the Head of Mobilisation, on the Petitioner’s Task Force in Kamwenge deponed that on and 2gth February, respectively they were, at the instance of Capt. Byaruhanga the area M.R, arrested for supporting the Petitioner. The former was tortured, and he sustained, inter alia, a fractured arm. He annexed to his affidavit medical chits and copy of his photograph in Monitor newspaper showing his left forearm in a bandage. He also deponed that his home was vandalised and the church where he was a coordinator was burnt down. The latter was detained for one day allegedly for abusing the LC Ill Chairman, and reporting Capt. Byaruhanga for destroying the Petitioner’s campaign posters. Several other agents were arrested on the eve of polling day. Kiiza Davis, the Petitioner’s agent deponed that on 11th March, 2001 he was arrested with his brother Wasswa Peter and a friend called Robert. They were arrested in Town at 9.00 am. by LDU personnel, and on instruction of 2nd Lt. Richard, were taken to Kamwenge army detach barracks, and they were detained in a ditch/trench under guard of two soldiers. There were two affidavits in response on that subject. One was from Capt. Byaruhanga who admitted having actively campaigned for the 1st Respondent, and having tried to persuade Henry Muhwezi to his camp. He, however, denied having caused any acts of violence or intimidation against the Petitioner’s agents. The second affidavit was sworn by Major Kankiriho Patrick, Commanding Officer of Bihanga Barracks Ibanda. While he deponed that the affidavits in support of the petition regarding Kamwenge District contained falsehoods, he admitted that four persons including Davis Kiiza, were arrested on the eve of elections, but insisted the arrest was not politically motivated, but was because they were found meeting late in the night and were picked up for questioning- He said this was because Kamwenge was an insurgency area susceptible to suffer attacks from ADF rebels. Surprisingly, he mentioned the arrest and questioning of those people as if the army had legal authority of arrest and of investigating crime, which it does not. Apart from the obvious illegality of the action however, I did not believe that explanation. I was satisfied that the motive for the arrest and detention was to harass the Petitioner’s agents and prevent them from voting. Needless to add, that the motive apart, the fact of their arrest, and its timing had a negative impact and was incompatible with a free electoral process.

Four affidavits filed for the Petitioner in relation to Kabale District contained generalised accusations against the RDC, his Deputy and his Assistant, for harassing and intimidating the Petitioner’s supporters using LC officials. They did not however, refer to specific incidents, let alone contain any evidence to prove the accusations. Only one deponent, Arinitwe Wilkens, described an incident on 11th March, in which he was arrested at a roadblock set up by LC officials. He alleged that he was stripped naked and severely beaten, apparently to force him reveal the Petitioner’s polling agents to whom he had taken appointment letters. He was taken to the sub-county jail and was transferred to Kabale Police Station the following day. He was held there with an undisclosed number of other agents of the Petitioner, until 14th March 2001. He deponed that after arrest he was taken to the area M.P’s house and the MP directed the captors to share his money and gave them his vehicle to transport him to the sub-county headquarters. The area M.R, Hon. Mulasanyi swore an affidavit in reply and deponed that he had been requested by LC II Chairman to provide his vehicle for transporting a person who had committed a crime, but the person was not brought to his home. I was not impressed by the evidence of Arinitwe. It seemed that much of it was exaggerated.

Three deponents narrated a couple of incidents of harassment and intimidation in Mbarara District. Peter Byomanyire and James Birungi Ozo, the Petitioner’s campaign coordinators, averred in separate affidavits, that on 8th March they visited Mahyoro (Matsyoro) to meet with the Petitioner’s agents and supporters but their meeting was surrounded by about 5 UPDF soldiers and dispersed at gunpoint. Later that day, in Ibanda Town they met Capt. Kankiriho, C.O. Bihange Barracks, who ordered James Birungi Ozo, to leave the area and as the latter moved to his car the officer shot at, but missed him. I was inclined to disregard the evidence of Birungi Ozo because his affidavit was infested with not only hearsay but also exaggerations and clear lies. He is the witness who alleged that he saw a Chief removing “votes cast for the Petitioner from the ballot box using sticks inserted in the box.” However the shooting incident was confirmed by the said Capt. (later Major) Kankiriho who, however, contended that the shooting incident occurred at about 9 a.m., on l0th March, and that he shot in the air in self defence as the said Birungi Ozo with eight unruly youth surrounded him, poised to attack. Boniface Ngaruye, a member of the Petitioner’s Task Force for Mbarara, deponed that in February, his effort to hold consultative meetings in Ishongororo sub-county were gravely interfered with when an LDU Commander threatened to shoot him. Out of fear for his life, he did not campaign in that sub-county. He added that on the eve of polling, there was such heavy deployment of UPDF soldiers in Mbarara Municipality that the last Task Force Planning meeting aborted.