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

Multiple Voting:

The petitioner complains in paragraph 3 (1) (j) of the petition that contrary to Section 31 of the Act, the 2nd Respondent’s Agents or Servants or Presiding Officers in the course of their duties and with full knowledge that some people had already voted allowed the same people to vote more than once. The 2nd Respondent denied allowing anybody to vote more than once.

Section 31 (1) of the Act provides that “No person shall vote or attempt to vote more than once at any election.” It is an offence under section 71 (b) of the Act to vote more than once at an election. The principle behind this provision is equality and fairness.

Patrick Matsiko Wa Mucoori, a Senior Reporter with Monitor Newspaper, claimed that he saw voters continuing to vote several times at Kanyaruguru Special voting Station for the Army and when he informed the Presiding Officer, he stopped them from voting. He claimed that he saw the Battalion Intelligence Officer voting more than five times by changing his clothes each time he came to vote. He did not name the Intelligence Officer or how he knew his post. When multiple voting was stopped, he got scared and stopped pointing out other malpractices and made arrangements to leave.

He claimed that when he wanted to go the Presiding Officer confiscated his personal effects and ordered him to be taken to the quarter guard where he was detained for 10 minutes and released and taken back to the polling station where they met on the way the Battalion Commanding Officer, Capt. Kankiriho who threatened to beat him if he went near the polling station or revealed what he had seen at the station. Later he was allowed to recover his personal effects and left that very night for Kampala by bus.

Ssentongo Elias, an overseer of the Polling Agents for the Petitioner in Ntungamo Town Council and Kahunga Sub-county claimed that Tom Muhoozi, the Deputy Chairman District Public Service Commission colluded with the Presiding Officer to allow some people to vote more than once at Kabuhame Polling Station. But Tom Muhoozi in his affidavit denied seeing Ssentongo at the Polling Station. He denied colluding with the Presiding Officer to allow people to vote more than once.

Hingiro John who was a Polling Agent of the Petitioner for Kabungo Primary School I Polling Station in Ntungamo claimed that the Presiding Officer Muhwezi Mark and the Polling Assistant Muhumuza Fred were issuing many ballot papers to individuals who were known to be supporters of the 1st Respondent. These included Kilama L and Byaruhanga B. The same Presiding Officers gave many unticked ballot papers to Karuhanga Davis Muvale the LC 111 Chairman of Rwekiniro Sub-county and they were taken to unknown destination. But he does not say what happened to the ballot papers whether they were cast or not. He only says he refused to sign the declaration form though he was forced to do so.

However, Muhumuza Fred denied the allegations made by Hingiro. He stated that he did not issue any ballot papers as alleged since his work as Polling Assistant was to check for the names of the voters in the Register and tick against whoever cast his or her vote. Muhwezi Mark who was the Presiding Officer similarly denied the allegations. He stated that he was the only person who was issuing ballot papers whereas Muhumuza was marking the names of the voters who had come to vote. He issued only one ballot paper per voter and no more. He explained that the Petitioner’s Agents left the Polling Station on their own before the closure of the polling exercise and that is why they did not sign the Forms.

Kasigazi Noel who was a Polling Agent for the Petitioner at Rweranura Polling Station claimed that he saw Sibomaana Amos a Campaign Agent of the 1st Respondent casting a bundle of ballot papers after colluding with the Presiding Officer. He lodged a written objection to the Presiding Officer who rejected it. This is unhelpful. How many ballot papers were cast and how were they cast, one by one or by bundle? Were they already ticked, or he ticked them? When he questioned why Sibomaana was allowed to cast a bundle of ballot papers, he was threatened with violence by the LC I Chairman and LC Ill Chairman and others. He claimed that during the scuffle Turyakira was given all the remaining ballot papers by the Presiding Officer, which he ticketed and put in the ballot box. But Sibomaana Amos denied being a Campaign Agent for the 1st Respondent in Kitashekwa. He denied voting more than once or put a bundle of ballot papers in the ballot box. He also denied threatening anybody.

Karenzyo Eliphaz who was a Polling Agent of the Petitioner at Bihomborwa Polling Station in Kanungu District claimed that at the Polling Station he saw a lady called Specioza Kiiza at the table where ballot papers were being filled and she was insisting on ticking them for voters in favour of the 1st Respondent. She ticked on the open table hundreds of ballot papers for the 1st Respondent. At one time two ballot papers were given to one lady and when she protested1 she was mishandled. He claims he saw Deo Barabona, Vice Chairman LC II cast over 100 ballots as he helplessly watched Barabona did not ink his thumb throughout the process. Another old lady was given five ballot papers and she cast them. Burayobera, a Congolese employee of Kanyabitabo - who was the Parish Movement Chairman, also cast 10 ballots although he was not a Ugandan. He decided to go away and report to the Petitioner’s Campaign Office at Kihiihi. He did not report to any electoral or Police Officer. It is not clear how he was able to count the votes cast when he claims he was being harassed and threatened with death.

Guma Majid Awadson who was a Polling Monitor for the Petitioner in Kuru Division Polling Station in Yumbe District stated that he saw Achaga Safi the LC Ill Vice Chairman of Kuru Division voting at two Polling Stations using different voter’s cards. The Polling Stations are Bura B, Bura A, and the polling cards were No.0027587 and No.00267715 respectively. He reported the matter to the Prison Constable deployed to take charge of the area but he feared to arrest Achaga who was a Member of the Task Force of the 1st Respondent.

He claimed that at Geya Parish Aliba A Polling Station he saw the presiding Officer Abele Young Majid giving six ballot papers to the LC Ill Chairman Kuru County called Drasi Ali, a Member of the Yumbe Task Force of the 1st Respondent. But Drasi Au denied the allegations against him. He stated that he was not given six ballot papers nor did he arrest anybody on polling day.

Ronald Tusiime the Petitioner’s Polling Agent in Mparo, Rukiga County of Kabale District claimed that he saw some people who had voted at Kihanga Playground Polling Station come and vote again at Rukiga County Headquarters Polling Station. He named Baryakira Colling who used D Tindimwensi’s card and Dunga Bugari who used voter card of G. Twesogome. He claimed that the Petitioner’s Agents were forced to sign the declaration forms.

Mugizi Frank who was a Polling Agent of the Petitioner at Rubanga Polling Station, in Ntungamo District, claimed that he witnessed massive rigging whereby people were being allowed to vote more than once, and when he protested, the 1st Respondents supporters namely, Simon, Twahirwa Sura, Kanyogisa, Siriri, and Karyhota Muyambi threatened to assault him and chased him away from the Polling Station. After leaving the Polling Station Ali Mutebi Campaign Manager of the 1st Respondent offered him Shs.15,000/ in order to go back and sign the Declaration of Results Forms but he refused. There is no description of how the multiple voting was done and the names of voters involved.

But Namanya Allen who was the Presiding Officer at Rubanga Polling Station denied that any person voted more than once. He admitted that Mugizi witnessed the polling exercise from commencement but he voluntarily left the Station between 3.00 p.m. and 4.00 p.m. and did not return and therefore did not sign the declaration of results forms.

Kidega Michael who was a Monitor in Nwoya County in Gulu District stated that he went to Alero Polling Station outside the barracks where he found 50 soldiers who had voter’s cards but were not on the register. He says he tried to intervene but the soldiers said they had superior orders from a major to Paraa Polling Station where voting ended at 5.00 p.m. and then started again at 7.30 p.m. and continued to 10.00 p.m. He states that he discovered later that the same soldiers he got at Alere were the same soldiers voting in Paraa where they were led by Lt. Peter.

I find the evidence adduced by the Petitioner on this allegation convincing and I accept it despite denials by evidence from the Respondents. The allegation of multiple voting in several Polling Stations has been proved; it violated the principles of equality and fairness.