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

“….I know that the 1^st respondent at a campaign meeting held at the International Conference Centre on 26 January 2001 to solicit support from Motor cyclists (Boda Boda) the 1^st respondent gave a gift of a new motor cycle to one of the cyclist voter’s by the name of Samu Kabuga in order to influence the motor cyclists to vote for him and subsequently I personally heard the said Sam Kabuga on Central Broadcasting Service FM Radio urging fellow Bodaboda cyclists to support candidate Museveni Kaguta in his bid for the presidency of Uganda.”


Section 63 under which the complaint is based provides as follows:

“Any candidate or agent of a candidate who either before or during an election gives or provides any money, gift or other consideration to a voter with intention of inducing the person to vote for him or her comments an illegal practice.”

It must be pointed out that the law requires the petitioner to prove that the respondent did give a gift/bribe to a voter with intention of inducing him to vote for him. The evidence from petitioner is:

“I know the first respondent at a campaign meeting held at the International Conference Centre on 26th January 2001 to solicit support from motor cyclists (Boda boda) gave a gift of a New motor cycle to one of the cyclist voters by name of Sam Kabuga in order to influence motor cyclists to vote for him…”

It was not denied that 1^st respondent gave a New motor cycle to Sam Kabuga. Sam Kabuga admitted he got it because he had been appointed campaign agent for 1 St respondent. The letter of his appointment as a campaign agent was annexed to his affidavit.

I must point out that there was no evidence to contradict Sam Kabuga’s evidence.

Therefore, if Sam Kabuga was given a motor cycle to enable him to carry out campaign for the 1^st respondent, that motor cycle would not be a gift within the meaning of Section 63(1) of the Presidential Elections Act 2000.

The affidavit of Sam Kabuga paragraph 3, 4, 5, 7, 8, 9 and 10 states as follows:—

(3) That when Y. K. Museveni offered to stand for the Presidential Election 2001, I decided to mobilise support for him especially my peers and colleagues of the Soda bode business.