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

(i) Originates from;

(ii) Resides;

(iii) Works in gainful employment.”

The Petitioner’s learned Counsel did not make any, submission on this ground of the Petition, but filed a list of relevant witnesses and their affidavits.

In his submission on this ground0 Mr. Kabatsi criticized the affidavit of Kirunda Mubarak, one of the Petitioner’s witnesses, saying that the affidavit is useless, because Kirunda does not say how many such voters were and the criteria he used for assessing their age. There was no proof that they were under age. Mr. Kabatsi further said that Kirunda’s affidavit has been rebutted by Balaba Dunstan, who was the Ag. Returning Officer of Mayuge District. I shall return to this rebuttal affidavit shortly.

I have already referred to the affidavit of Sulaiman Miiro in another context as the Petitioner’s monitoring agent in Bukooli North constituency, he went to Bus Park “A” Polling Station. Soldiers from the Bugiri RDC’S Office came, threatening and forcing young children below 18 years of age to vote. Miiro and others tried to object but they were-over powered by the soldiers, who were armed. Miro’s affidavit is rebutted by that of Ms. Nava Nabagesera, the RDC of Bugiri District. I have already evaluated this rebuttal evidence and rejected it.

I have already referred to the affidavit of Patrick Matsiko Wa Mucoori in another context. He was a Senior Reporter with “The Monitor News Paper.” He is one of the few witnesses for the Petitioner who was not his agent. He may, therefore, be regarded as an independent witness. In the present context, he said that he saw a young girl of about 12 years of age with a Voter’s Card coming to vote. Mucoori asked the presiding Officer about this. The reply was that the girl was voting for her father, who was reported to be sick in the Barracks. This was a special area Army Polling Station, Kanyarugiri 07 Polling Station. The Chart does not show that Mucoori’s affidavit is rebutted. His evidence, therefore, remains uncontr0vert

Kirunda Mubarak is one of the Petitioner’s witnesses to whose affidavit I have already referred in another context. He said that at Mpugwe Polling Station in Mavuge District he found young children below the age of 18 years voting. When he asked why, he was told that the children were of age1 yet according to Kirunda, they were only 14 years old. The LC1 & II Chairman got hold of him and forced him out of the Polling Station because he was asking questions. The Chart indicates that Kirunda’s affidavit is rebutted by Kedres Wamulongo, on page 282, but page 282 of the 1st Respondent’s volume of affidavits has the affidavit of one Emoding Anthony and the 2nd Respondent’s volume does not reach page 282. I am therefore, unable to lay my hands on Kedres Wamuolongo’s rebuttal affidavit.

As Mr. Kabatsi correctly pointed that Kirunda’s affidavit was also rebutted by Balaba Dunstan, the Ag. Chief Administrative Secretary and the Returning Officer, of Mayuge District. In his rebuttal affidavit of 2-4-2001, he said that he never received any report about under age persons voting at Mpugwe Polling Station. This means that the GAO was not at Mpugwe Polling Station. This is to be expected, because as the Returning Officer his function covered the whole of Mayuge District. He would not expect to supervise closely what happened at this or any other Polling Station. The fact that he did not receive any report does not necessarily mean, in my view, that Kirunda’s allegation about voting by under age children did not happen. Kirunda said that the children being allowed to vote were either 14 years or below. Kirunda was not cross-examined on this. So, his evidence must be regarded to have been admitted by the opposite party not withstanding Mr. Kabatsi’s contention, which is not evidence.

Ssentongo Elias is another one of the Petitioner’s witnesses to whom I have already referred. In his affidavit of 21-03-2001, he said that on 12-03-2001, he went to Karegyeya Polling Station in Ntungamo District. Soldiers allowed children who were clearly under the age of 18 years to vote for the 1st Respondent. Ssentongo’s affidavit is rebutted by Muhoozi Tom, but the rebuttal affidavit does not refer to Ssentongo’s allegation of voting by under age children. Accordingly his evidence in that regard remains uncontroverted.

Byaruhanga Yahaya, to whose affidavit I have considered in another context, said that at March “D” Polling Station in Busia Town Council area, 6 under age children were allowed to vote. His attempts to stop them were ignored by the presiding Officer. Byaruhanga’5 affidavit IS not indicated in the Chart to have been rebutted. Accordingly his evidence stands uncontroverted