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

20. The earlier in the day of 8 March 2001 I was stopped from campaigning for the Petitioner by armed UPDF Solider at Matsyoro Trading Centre. The team I had comprising of about 7 persons were surrounded and ordered to leave at gun point

21. The supporters were sent away and the rally stopped.

22. That on the same day 5 other agents (Ntara Sub-county Task Force officials for the Petitioner) were arrested by the GISO a one Lauben and detained at Ntara Police Post and later were released without any charges preferred against them.

23. The Chairman of Kahungye Sub-county Task Force a one Gervazio was attacked at his home by armed UPDF Soldiers and LCs and his house was burnt and there after went into hiding.”

In the rest of the affidavit this witness talks of the effect of the harassment: Gerrazio could not help in cleaning up of the registers nor could he monitor elections on 12/3/2001. The witnesses also talks about what happened to Muhwezi Henry who was beaten up by bodyguards of Hon. Captain C. Byaruhanga. I have seen the affidavit of Mubimbura Milton who says he was the O.C. Kamwenge Police Station by 12/3/2001. He denies complaints made by Betty Kyimpaire and James Birungi. He however accepts receiving reports of electoral malpractices and he visited the area concerned. There can be no doubt therefore that these two witnesses experienced problems.

Even if it can be said that some paragraphs contain some hearsay evidence, in this affidavit, the deponent sets out what appears to have been a tensed up and terrifying situation in Kamwenge District notwithstanding what Major Kankiriho says in his affidavit. I note that the major accepts the arrest of the agents of the Petitioner. The major’s affidavit doesn’t say where and in which place and the manner in which Kiiza’s group were concealing themselves. If Kiiza was a well-known deserter, as claimed by Major Kankiriho therefore, apparently left free, why was it necessary to arrest the others? Is it not reasonable to infer that Kiiza was arrested because of supporting the Petitioner? It is hard for me to believe Major Kankiriho that in his position and rank in the UPDF, a few youths would be so daring as to surround him and threaten his very life or security knowing that he was a senior army officer in an area where supporters of the petitioner were being hunted down.

The chart provided by the respondents listed Silver Mugenyi as their witness whose affidavit was to answer the averments of Kiiza, Nzige, Tibanyendera, Abigaba, Kyimpaire and Musanga but I have not been able to trace Mugenyi’s affidavit on the records I got.

Be that as it may, as a result of the harassment, and the election result clearly shows, the Petitioner lost. In this respect Louis Otika, R. Tumusiime, Bwabwooba Calisti and others give corroborative evidence that the loss was due to intimidation, harassment, detentions, beatings and the threatening of the petitioner’s agents and supporters as well as to violence and cheating on the voting day. I believe that this is a correct inference.

Wilfred Nalusiba tells an interesting story. He was the petitioner’s representative in Makerere 1ll. On 26/2/2001 he found Dirisa a polling official and LC.1 had “62” certificates of voters and 2 voters cards hidden in a box- He eventually reported him to Kalerwe Police Station. Dirisa was arrested. When the witness was following up the matter, three people from “the President’s office” wanted to take him away. For his safety he was detained at Police Station. Dirisa admits the possession of the documents and his arrest by Police. DPC S. Ekollot in effect confirms detention of Winfred. The DPC thinks that the incident was due to procedural error and not malpractice. The DPC also confirms that later N. Nalusiba and an Army officer called James were arrested because of threats presumably arising from Nalusiba’s report.