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

She ticked all of them and put them in the ballot box.


(10) That when I attempted together with other Besigye’s agents to stop the habit we were forcefully chased away from the polling station with the help of armed personnel and our letters of appointment confiscated.”

Affidavit of Alex Busingye’s affidavit averred

“(1) That I am an adult male Ugandan resident at Kakira Mbarara.

(2)That I am registered voter and during the Presidential Elections I was in charge of overseeing the operations and welfare of the polling agents for the petitioner in Kazo county.

(3) That on the majority polling stations / visited I found the polling agents for the petitioner off the polling stations they had been assigned having been chased away by armed UPDF soldiers.


(4) That at one polling station called Nkungu I found a monitor for that station had been tied by the (UPDF soldiers and was bundled on motor vehicle Reg. 114 IJBS pick-up in which they were travelling.”
Affidavit of Tindyebwa Eugini states as follows:

“(2) That I was the Presiding Officer at Karuhinda polling station in Kinkizi East Kanungu.

3. 
   That I know Kakuru Sam of Karuhinda, Kijubwe. I have perused his affidavit.
   
4. 
   That the allegations in paragraphs 14, 15. 16, 17, 18 and 21 of the affidavit are not true.
   
5. 
   In reply to paragraph 14 I wish to state the voting did not commence until after 7:20 am.
   
6. 
   In reply to paragraph 15 I state that no policeman or any one at all was ordered to tick ballot papers and the GISO did not come to the station.
   
7. 
   In reply to paragraph 16, Sam Kakuru sat with all other agents at their table.
   
8. 
   In reply to paragraph 17 neither myself nor any other official ticked ballot papers for any person. Kakuru was not manhandled or beaten up by anybody.
   
9. 
   In reply to paragraph 18 neither Kakuru nor any agent was chased away from the polling station.
   

(10) In reply to paragraph 21 the voting process at my polling station was calm free and fair.”

After carefully going through the affidavits sworn in support and those sworn in rebuttal especially of Tindyebwa, I find that the presiding officer would not admit that petitioner’s agents were chased from his polling station and that voting continued and that Kakuru who was chased away, was forced at the end of the voting to come back and sign the declaration forms.

I do accept that the petitioner’s polling agents in a limited number of polling stations were chased from polling station after which voting, counting and tallying of votes were done in their absence. Therefore the very purpose of fairness and transparency was defeated.

In the result, I accept that in a limited number of polling stations voting , counting and tallying of votes were done in the absence of petitioner’s polling agents.

14. That contrary to Section 74(b) petitioner’s supporters were arrested and detained and released after elections had ended- thus denying them rights to vote.

John Hassy Kasamunyu’s affidavit avers: 72