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

(14) That in the police cell I found a number of Besigye’s agents.

(15) That in the circumstances, I never voted’


Clearly the affidavits of Harsey Kasamunyu, Bernard Masiko, Bashaija Richard, Arinaitwe Wilkens and Majo(Rtd) Okwir Rwaboni shows to the satisfaction of the court that because the deponents were arrested before 12^th March 2001 and were detained and released after 12^th March 2001, just deliberately to hinder them from voting. Clearly, from the affidavit of Kasamunyu, other persons who were arrested and detained with him were Tukahirwa, Mugisha, Kwesiga, Kwiringira, Hashakimaana, Ntare, Bikamya, Tusingwire and Kahima. From Kasamunyu’s affidavit, these men were released from Kanungu police station on 16^th March 2001. Also from the affidavit of Byomuhangi Kaguta paragraph 3, on the 11^th March 2001, PPU soldiers deployed in his village arrested him and took him to army barracks and threw him in a trench for the whole night. On 12^th March two of Besigye’s polling agents, namely Buterere and Tukahirwa were brought to join him. So they never voted. Each of the deponents has some- what similar story to tell. Mere denial by Capt. Ndahura and Mugisha Muhwezi cannot be accepted, and leaves a lot wanting.

I know that they would not admit to have gotten involved in what they are accused of, because they were not employed for that purpose. I must state that after carefully considering the affidavits on the matter, I am convinced that the deponents were arrested just for purpose of impeding them from voting, given that they were detained until after the election.

15. There was a complaint that the 2^nd respondent’s agents and or servants pre-ticked ballot papers in favour of the 1 respondent and then handed them to voters to cast them without letting voters themselves make their own choice.

Although some presiding officers denied this, from the affidavits of James Musinguzi, Stanley Bugando, Kakuru Sam, Mpwabwooba Callist, ldd Kiryowa of Sembabule and Patrick Matsiko wa Mucoori who was a senior reporter with the Monitor Newspaper, and Change Gideon, I am satisfied that there was a malpractice of pre-ticking ballot papers in favour of 1st respondent irrespective of the voter’s choice after which ballot papers were handed to voters to cast them. This was especially so in Rukungiri, Kanungu and Kamwenge and a few other limited polling stations. The affidavit of Basajabalaba Jafari in Bushenyi where 1 3 pre-ticked ballot papers were recovered before they were cast, goes to show what the complaint is all about. Clearly this was evidence of non-compliance and negation of the due process of the law. But the affidavit of Tindyebwa, herein Kyomuhangi Allen, Moses Mwesigye and others denied such malpractices.

However, I would reject the denial of the accusation as I would not expect the presiding officers to admit that they permitted ballot papers to be pre-ticked in their presence and infront of the table for voters to cast them.

Therefore wherever this was done it was a non-compliance with the law.

16. There was stealing, cheating of votes in a significant number of polling stations.
The following affidavits go to prove this type of stealing i.e. cheating: Affidavit of Stanely Bugando states:

“(1) That I was a campaign agent for candidate Dr. Besigye for the Presidential Elections 2001.