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

4. That the said PPU started beating the said driver on the pretext that no one else was supposed to campaign that day, other than Besigye.

5. That immediately thereafter the Task Force Area Chairman of Col (RTD) Dr. Besigye Kiiza, one Doma was caned and his shirt stripped off, by PPUs saying that it was a punishment for MOBLIZING and WELOCOMING us for the day’s campaign.

6. That the sub-county cashier was similarly called aside, by the PPUs and beaten for getting involved with Besigye support group, yet he was working with the Government.

7. That in the above circumstances, the PPUs started beating/harassing people and ordering them to disperse. The rally was in the result abandoned by people, me and the said Sebunya

Byaruhanga goes on to give more harrowing account of events in Rukungiri on the voting day.

For the Respondents, D/SP/Wamanya, swore an affidavit, claiming that Mugeere was arrested on suspicion of being a terrorist, taken on 20/2/2001 and released on the same day. The affidavit of Mugeere shows he was a supporter of the Petitioner and that he was arrested at night on 6/2/2001, taken and detained at Mbuya Military barracks where he was interrogated about which candidate he supported. He was detained and tortured before he was transferred to police who released him on police bond. It would be interesting to know what types of terrorism charges were contemplated against Mugeere. It is remarkable that D/SP Wamanya would release Mugeere soon after he is handed in by the militarily on terrorism charges. I prefer the story of Mugeere. He was detained because of supporting the Petitioner, and I so find. The police officer appears too cautious about the arrest of Mugeere, which suggests that he is not being honest about the cause of the arrest.

As I have stated elsewhere, I do not believe the evidence of Captain Ndahura. In paragraph 4 of his affidavit, he refers to the contents of the affidavits of B. Masiko, Kakuru Sam and Frank Byaruhanga as falsehoods. The good captain does not say or attempt to explain why these three witnesses, and, indeed the other 6 witnesses, of the Petitioner should tell lies against him and or his PPU soldiers. If his soldiers were always in camp, waiting for the first Respondent as President, how come that when Hon. Okwir Rwaboni was addressing a rally in Kanungu, Captain Ndahura deemed that rally to be illegal and he had the audacity to disperse it? What power did Captain Ndahura have to interfere with a political rally? I do not believe in what he denies. His deeds and terror were witnessed by too many witnesses, namely Bernard Masiko, Kakuru Sam, Frank Byaruhanga, Koko Medard, Hon. Rwaboni Okwir, J. Hassy Kasamunyu, Mpwabwooba Kalisiti, Bashaija Richard, Byomuhangi Kaguta, Mubangizi Dennis and James Musinguzi. Capt. Ndahura has not given the least reason why all these people should gang up to tell lies against him, the PPU or any other soldier under his guard. I believe that Captain Ndahura and the PPU were in Rukungiri and Kanungu osintensibly to wait for the President but their real purpose was interfering with the electioneering programmes of the Petitioner. They were there for purposes of frustrating the support, which the Petitioner enjoyed in the area. The group was there to harass assault and intimidate agents and supporters or potential supporters of the Petitioner. The group achieved this and they effectively and brutally denied the Petitioner support from the region. The activities of the group violated with impunity various provisions and various principles of the PEA and the Constitution which says that all Ugandans shall have access to positions of leadership [Art.70 (1) (c)] and that elections should be held under conditions of freedom and fairness.

As I said, harassment or intimidation was not confined to Rukungiri and Kanungu. There is the evidence of harassment of supporters of the Petitioner in the districts of Kabale (see Anteri Twahirwa and Arinaitwe W.) Sande Wilson of Kabale complained about harassment to the CAO of Kabale who as Returning officer is the agent of the Commission. There is evidence that the Resident District Commissioner of Kabale, Mr. James Tumwesigye himself campaigned openly, on polling day, for the first Respondent. Mr. Tumwesigye threatened the agents and supporters of the Petitioner right up to the polling day itself when he urged all polling officials to violate the electoral law. It must be realised that Resident District Commissioners are direct appointees and are field representatives of the President. [Art.203 of the Constitution]. At the material time, the first Respondent was the President.

The evidence of Betty Kyimpaire, Patrick Kikomberwa and Moses Tibayendera all testify to the extreme harassment, violence, beating or assault of the agents and supporters of the Petitioner in Kamwenge District There is the evidence in affidavits of witnesses from among other Districts, Mbale District, from Pallisa District, from Mayuge District where agents and supporters of the Petitioner were severely harassed and beaten and denied voting on the voting day.