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

MAJOR KAKOOZA-MUTALE

Again there is a complaint against the Kalangala Action Group lead by Major Kakooza-Mutale. That they interfered with the petitioner’s electioneering by beating up supporters of the petitioner. This group is a creature of the major.

The group held at Kalangala a convention from 25th to 28/11/2000. The major attached to his affidavit literature about what transpired in Kalangala from 25th to 28th September, 2000. The literature consists of records of proceedings of those four days. It shows that the group, which was composed of political mobilizers from all over Uganda, was determined to campaign for the success of the first Respondent in the forthcoming elections and even beyond into 2006. They (group) resolved to call themselves Fundamentalist who must go out and do everything possible to succeed. Since there were two main elections namely the Presidential election and Parliamentary elections which were due in the near future, the reasonable inference to be drawn from the resolutions is that the major and his group discussed the recent Presidential elections as inevitable. This is a logical inference. It is not farfetched. The movement bus phenomenon as used by Major Kakooza-Mutale in some of his activities had become so common as to be a subject of judicial notice.

In his affidavit, the major admits he is a special Presidential Advisor on Political Affairs. He does not specifically deny participating in campaigning for the first Respondent in Mbale or elsewhere. There is Louis Atika’s letter showing that on 26/2/2001 the major was in Tororo and Busia when the first Respondent was campaigning there. Major Mutale is reported to have beaten people there. Major Mutale did not say anything about this in his affidavit sworn on 4t April 2001. He does not deny that at the recent Presidential election, his group mobilised for 1st Respondent. In his affidavit, the first respondent denied organizing directly or indirectly Major Mutale-Kakoza and his group and that whatever the group did was without his knowledge, consent or approval. Yet from the letter of appointment, Major Kakooza-Mutale’s role is very clear. His portfolios include liaising with the Movement Secretariat, mass-mobilisation, Political Organizations, and RDCs, etc. Annex A is his letter by which the President appointed him special Presidential Assistant to the President. The major admits that at Kalangala, he convened the movement mobilizers who were eventually addressed by the first Respondent as the President of this country. As earlier mentioned the question of forthcoming election was discussed during the convention.

The major does not deny being in Mbale; nor does he really deny the beating that took place. Rather, he vaguely denies beating up people in Mbale. The activities of Major Kakooza-Mutale and the yellow movement bus were such a common feature of the 1st Respondent’s campaign trail that I must take judicial notice of it. It is a common knowledge that during his campaign, the 1S respondent arrived at rallies in the movement yellow bus. So did Major Kakooza-Mutale. The question that needs to be answered is whether Major Kakooza-Mutale and or his assistants operated as agents of anybody or of the first Respondent.

I think that Major Kakooza-Mutale was an agent of the 1st Respondent during the Presidential election campaign.

NEW POLLING STATIONS

The evidence established quite clearly that new polling stations were set up on 11th March, 2001. The PEA, by S.28 (1), thereof1 directs that the list of polling stations be published in the Gazette at least fourteen days before the nomination of presidential candidates. The list should be provided to returning officers for circulation in Constituencies. There is evidence that gazetting was done after nominations. No sound reason was given for this haphazard way of doing such an important job. This we have already said was non-compliance certainly. Furthermore, fl many instances, polling stations were created over night on 11/3/2001, in flagrant violation of the PEA. It certainly negates the principle inherent is S.28 -, which directs publicising polling stations in good time. Chairman Kasujja admits the creation of the stations very late. He calls it splitting of the stations.