The above approach was independently arrived at by Musoke-Kibuka J., in
Katwiremu Bategana v Mushemeza & others Election Petition No. 1 of 1996 at
Mbarara Registry and by Okello J as he then was in Ayena Odonao v Ben Wacha
Election Petition No 002 of 1996 at Gulu.
I do agree that that is the position of the law.
However, what does not seem to be correct in the decision of Henry Adetta v Omeda Omax (supra) was where Ntabgoba PJ held while dealing with offences and illegal practices under the election law that the petitioner had onus to prove that the offence affected the result of the election in a substantial manner.
He held in his judgment as follows:
“I think I would say the same thing with regard to the second ground which alleges offences and other illegal practices under the election law. The evidence tendered on behalf of the petitioner does not remove my doubt as to their effect on the outcome of the election. I find that no proof has been made that any offence and/or illegal practices affected the election results to the detriment of the petitioner or to the advantage of the respondent.”
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