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

Denial Of The Right To Vote:

Mr. Mbabazi submitted that some voters were denied the right to vote in various ways. He did not, however, relate such denial to any specific ground of the Petition or to any Provisions of the Act. However, the Constitution is clear on this. Article 59 provides:

“(1) Every Citizen of Uganda of eighteen years of age or above has a right to vote.

(2) It is the duty of every Citizen of Uganda of eighteen years of age or above, to register as a voter.”

The provisions of Section 19 of Act 3/97 are also to the effect that every registered voter has a right to vote in the Parish or Ward where he or she is registered. To prevent any registered voter from voting is therefore a violation of his or her constitutional and statutory right. In his submission, Mr. Mbabazi gave examples of persons who were prevented from voting by being arrested and detained by the Military; being chased away from Polling Stations; their names in Voters’ Register being ticked by other person or persons etc. He gave examples and named people prevented from voting. Hon. Okwir Rwaboni M.P (hereinafter referred to as “Rwaboni” for the sake of brevity) was a prominent example.

The Solicitor General Mr. Kabatsi did not submit in reply to the Petitioner’s allegation that some registered voters were denied the right to vote. I have already found that Rwaboni’s statutory declaration dated 23-03-2001, made in London, is admissible evidence in these proceedings. Part of his declaration relevant to the matter at hand reads as follows:

“(5) That on the 20th February 2001, 1 was unlawfully and violently arrested at Entebbe International Air Port, beaten and sat upon in a military Police Pickup, in the presence of Journalists. Diplomats and colleagues and illegally detained at the Chieftaincy of Military Intelligence (IMI), Headquarters in Kampala. During the arrest I sustained injuries to my legs and chest and I am still undergoing treatment for these injuries.

(6) That from 4.00 p.m. on the 20th February to 5.00 p.m. on 21st February 2001, I went through a grueling six hour interrogation session, conducted by seven officers of the Chieftaincy of Military Intelligence.

(7) On the 21st February 2001, I had a telephone conversation with H.E. Museveni when he was in Gulu where he tried to convince me to leave what he called “the wrong group” and promised to allow me to leave the Country and to take some of my interests while abroad.

(8) That on the 21st February 2001, I was again forced to make a statement disassociating myself from the Presidential Candidate Dr. Besigye Task Force, this time the presence of Ma). Gene. Elly Tumwine. Maj. Gen. Tinyefuza, Ma). Mayombo; a statement I later read to press at Parliament building that same evening.

(9) That between the 21st of February 2001, I was under virtual house arrest at my residence in Bunga, guarded by officers and men of the UPDF under the guises of “State Protection” against my own candidate and his supporters.