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

Findings of Intimidation:

I accept the evidence adduced by the petitioner. It is detailed, consistent and credible. The denials and explanations in the Respondents’ evidence have not sufficiently rebutted the various allegations of intimidation made by the Petitioner. It is not disputed that the Army was deployed throughout the country at the time of voting. It is not also disputed that the PPU was stationed in Rukungiri throughout the period of election campaign and during the polling.

I find that the highest concentration of intimidation, violence and harassment took place in Rukungiri, Kanungu and Kamwenge. The intimidation interfered with the Petitioner’s campaigns in those Districts. In Rukungiri and Kanungu, it was perpetuated mainly y the PPU. In Kamwenge it was done by UPDF soldiers. The intimidation of Agents and Supporters extended to closing branch offices and tearing of posters, disposing consultative meetings and rallies, abduction, arrest and causing injury or death to Agents and Supporters. On polling day, intimidation consisted of ordering voters to vote for the 1st Respondent and harassing Petitioner’s Polling agents.

Elsewhere in the country, the degree of intimidation was less pronounced. In Kabale intimidation seems to have been perpetuated by the RDS, GISOs and some LC Officials. In Mbale, Kumi and Lira there were isolated intimidation by UPDF soldiers, LC Officials and the 1st Respondent’s Supporters who were civilians.

There is however no evidence that the general deployment of the Army during the polling period was a source of intimidation and harassment of the Petitioner’s Agents and Supporters. There is also no evidence that Major Kakooza Mutale intimidated Agents and Supporters of the Petitioner.

My conclusion on intimidation by UPDF and PPU is that it was established to my satisfaction that they caused intimidation and harassment to the Petitioner’s Agents and Supports but it was limited to a few areas most of which are mentioned above. This intimidation undermined the principles of free and fair election and transparency.

Issue No. 3; Effect of Non-compliance with the Provisions and Principles of the Act on the Results.

I shall now consider the third issue which is whether if the first and second issues are answered in the affirmative, such non-compliance with the provisions and principles of the said Act, affected the result of the election in a substantial manner.

In his Petition, the Petitioner avers in para 3 (1) (y) that such non-compliance affected the result of the election in a substantial manner in the following instances:

“(i) The number of actual voters on the Voter Roll/Register remained unknown and some people were disfranchised; and the number of votes cast during the election at certain Polling Stations exceeded the registered number of registered votes or the ballot papers delivered at the station.