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

SHAM/NEW POLLING STATIONS

It was argued by counsel for the respondents that violation of the provisions of the ECA is no ground for annulling Presidential election. This is not in accord with Article 104 (9). Moreover because of section 2(2) of the PEA, the Electoral Commissions Act, 1997 must be construed as one with PEA.

Let me briefly discuss sham or new stations. The problems arising because of sham or new stations are vividly illustrated in the affidavits of E. Bumezi, Bagenda Bwambale, Ongee Marino, J. Oluka, Dr. Mukasa D. B., D. Odwok, Piwang, R Kwaya Tumusiime Enoch, and Turyamusiima Barnabas of Ntungamwo Town. Before concluding issue No.2, I alluded to the new polling stations in or near army barracks in Kitgum, Gulu, Soroti, Mbarara and Soroti.

It is obvious from the affidavit evidence that cheating was not confined to one or two places or one or two Districts. It was spread throughout much of the country. It reached its height in Western Uganda especially the districts of Ntungamwo, Mbarara, Bushyenyi, Kabale, Rukungiri, Kanungu and Kamwenge. I would not ascribe most of the malpractices to the deliberate creation of many (1176) Polling Stations at the eleven-hour in various parts of the country. The candidates were informed of the creation on 11/3/2001. In the event, the Petitioner has complained, and I find his complaints justified, that he was unable to exercise effectively his right of appointing agents to look after his interests in new polling stations. The second respondent should or must have known the problems.

Some high-ranking officers such as Mr. J. Mwesigye, the DRC of Kabale, deliberately flouted the electoral law by campaigning even on the voting day at Polling Stations in favour of the first respondent. For this and the involvement of the Army, there are many affidavits, which include those of John Kijumba, Kakuru Sam, Frank Byaruhanga, Patrick Matsiko, Mpabwoowa Calisti, Bashaija R, Mubangizi D, and D. Okello.

There are many witnesses from many areas who witnessed and who speak about intimidation and harassment of the Petitioner’s representatives, his agents and supporters. See, for example, Bwambale Kasinini, J. Tumusiime, R Byomanyire, Ngaruye Ruhindi; A. Busingye, Mugamba Abdu, F. Masinde, Tukahirwa David from Mubende, Idd Kiryowa from Mawogola County, Guma Majid from Yumbe, Mubajje S. from Mbale, J. Musinguzi from Rukungiri, B. Matsiko from Rukungiri, Kakuru S; Oketcho Y. from Tororo District, Imon Stephen of Tororo, Okware Stephen of Tororo, Aeko Hellen from Kumi, Kiiza D. and M. Tibayendera and Betty Kyimpaire all of Kamwenge District. I have found the evidence of RDCs unconvincing just as the evidence of policemen like the O.C., Kamwenge Police Station.

Major Kankiriho Patrick, in his affidavit of 7/4/2001, which has already been reproduced, sought to discredit Kiiza B., Birungi and others in regard to the violence, intimidation and the harassment meted out to these witnesses, claiming that these witnesses were holding a concealed meeting. In view of the contents of the affidavit of Birungi supported by other witnesses such as Kiiza and Tibanyendera, the major appears to have been on the lookout for supporters of the Petitioner so as to silence them in order that they stop campaigning for the Petitioner during the final days of electioneering. Another aim was to prevent them from looking after the Petitioner’s interests on the polling day.