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

“No change” as they passed near Polling Station. After voting in one Polling Station, the same soldiers were ferried to vote in another.

Sgt. William Kilindiro threatened to kill Bumenze as Kihindiro said he had killed one Jacob the brother of George Kayiwa or arrest him and detain him at Luzira Prison, as he had done to a Martin Bwambale. In February, 2001, in Mpondwe — Bwera, Township, Gumenze was threatened with arrest and detention by Major Muhindo for campaigning for the Petitioner. The affidavit is based on knowledge and belief. Belief is irrelevant since the deponent spoke of what he saw.

Zainabu Asiimwe who rebutted Bumenze’s affidavit said in her rebuttal affidavit of 4-4-2001, that she was a woman Councilor for Kasese District Council. On 12-03-2001, she saw Kamenze but the allegations made by him against her were false. She was not met at Kisabu and Isango Polling Stations as alleged by Bumenze. Zainabu did not say why Bumenze should have told lies against her. I would not believe that Bumenze invented her name out of the blue. On the other hand, I would not expect that Zainabu, a Councilor would admit that together with the GISO she threatened a Polling agent at a Polling Station Zainabu would not be expected to admit that what Bumenze said was true. I would therefore reject Zainabu’s denial and accept Bumenze’s evidence as true, and I do.

Mutabazi Pius was a Superintendent of Police and Kasese District Police Commander. In his affidavit of 2-4-2001, he rebutted paragraph 15 of the affidavits of Edison Bumenze. Mutabazi said that the complaint raised therein was not reported to the Police. Bumenze did not say that he reported the incident at the Police Station. If it was not reported, it does not in my view, necessarily mean that it did not happen. Mutabazi, SR also said that he was not aware that soldiers were ferried on lorries and voted at several Polling Stations as alleged by Baguma John Henry and Bumenze, as no reports thereof were made to the Police, nor was a report received of what John Kajumbe said had happened at Bwera Police Post. I find that the rebuttal affidavit of Mutabazi S.R not helpful, because he was not at the Polling Stations where these witnesses alleged the malpractices happened. Secondly, the fact that no reports were not made at Police Posts does not necessarily mean that they did not happen.

Mutabazi SP also said that Sulait Kule dumped 16 Voters’ Cards at the Police Station without disclosing where he has got them from, and never returned to follow up the report. Again, this does not mean, in my view, that Kule’s allegation about those Voters’ Cards was false.

Mary Frances Ssemambo was the Chairperson of the Elect Besigye Task Force, Mbarara District. In her affidavit dated 21-03-2001, she said, inter alia, that in many Polling Stations, particularly in Nyabushozi, and Isingiro Counties, Polling agents for the Petitioner were harassed, arrested, beaten, tied up and detained or threatened with violence and chased away from the Polling Stations by heavily armed UPDF soldiers, LDUs and the 1 Respondent’s agents. The interests of the Petitioners in numerous Polling Stations were, therefore, not safeguarded. The affidavit was based on knowledge. The Chart shows that the affidavit of Ssemambo is rebutted by Samuel Epodoi, the District Police Commander of Mbarara District. In his rebuttal affidavit of 3-4-2001, Epodoi said that paragraph 6 of Ssemambo’s affidavit was false. On 12-03-2001, both Nyabushozi and Isingiro South Counties were policed by Mobile crews, constituted both by Policemen and UPDF soldiers under the leadership of Police Officers. That the incidents alleged to have taken place in Nyabushozi County and Isingiro County South, never occurred and the allegations of harassment of the Petitioner’s Polling agents were false. Epodoi did not say why Ssemambo should have fabricated a lie if that was what her allegations were. Presumably what he said came from reports he had received, if he did, because he himself did not visit the Polling Stations. But he did not say so. On the other hand as the District Police Commander, he would be the last person to admit that such incidents occurred, if indeed they occurred. For it would not reflect very well on him. I would, therefore, prefer what Ssemambo said to Epodoi’s denial, and I do. The Chart indicates that the affidavit of Ssemambo is also rebutted by Kafureka (CAO) but it does not indicate where Kafureka’s rebuttal affidavit can be found.

The affidavit of Boniface Ruhindi Ngaruye a practicing Lawyer, in Mbarara, has already been referred to in another context. In his affidavit he deponed that he was a member of the Elect Besigye Task Force, Mbarara. His consultative meetings on behalf of the Petitioner in Ishongerero Sub-County were gravely interfered with to the extent that on 21-02-2001, he was harassed and chased away from Ishongorero by an armed LDU Commander of Ishongerero Sub-County who threatened to shoot him and fired a gun he was wielding. The case is pending before the Chief Magistrate’s Court as IB CRB. 66/2001, Criminal Case No. 1 92/2001. As a result of the threat to his life, he was denied the opportunity to hold consultative meetings on behalf of his candidate and to canvass support for him freely.

Ngaruye said that he was not only a leader, but also very popular. On the eve of the Election Day at about 7.30 p.m., there was heavy deployment of heavily armed UPDF soldiers in Mbarara Municipality and the Petitioner’s Task Force had planned a meeting to begin at 8.00 p.m. and end at 11.00 p.m. The meeting aborted as freedom of movement in the Municipality was that night interfered with. The affidavit is based on knowledge save one paragraph (which is irrelevant here) which is based on belief and reason thereof is given.

Epodoi, S.R, also rebutted Ngaruye’s affidavit. He said that the Criminal Case referred to by Ngaruye was a result of the LDU Commander, Saad Gumisiriza’s effort to apprehend suspected criminals in Ishongerero Sub-County. The allegation of heavy troop deployment interfering with the Petitioner’s Task Force meeting on 11-03-2001 was completely false because the joint security teams were in charge of security in Mbarara Municipality and their presence did not affect the residents’ freedom of movement. The comments I made above about Epodo’s rebuttal of Ssemambo’s affidavit equally applies to his rebuttal of Ngaruye’s affidavit. I therefore, reject Epodoi’s rebuttal and accept Ngaruye’s evidence as true.

Alex Busingye, of Kakiika, Mbarara, was a registered voter and during the 2001 Presidential Elections, he was in charge of overseeing the operations and welfare of the Petitioner’s Polling agents for Kazo County, Mbarara District. In his affidavit of 21-03-2001, he said that at the majority of Polling Stations he visited, he found the Polling agents for the Petitioner not present; they had been chased away by armed UPDF soldiers. At Nkungu Polling Station he found the monitor for that station had been tied by the UPDF soldiers and bundled on Motor vehicle No. 114 UBS in which they were traveling. The Chart indicates that Busingye’s affidavit has been rebutted by Aspro Kwesiga, but it does not show where Kwesiga’s affidavit may be found.

Masasiro Stephen of Bukabalyenda Village, Jewa Parish Bungokho, Mbale District was a Polling agent for the Petitioner at Nkusi Primary School. In his affidavit of 21-03-2001, he deponed that he arrived at the Polling Station at 6.30 a.m. Later there was a disturbance started by the Area Sub-County Chief Abdu Mudema, the Chairman of the 1st Respondent’s Task Force Ali Mukholi, the Sub-County Councilor, Michael Namudi, who went to the Polling Station with four armed soldiers. All the soldiers shot in the air. Masasiro and Wafula, the Petitioner’s Polling agents were severely assaulted. After they were assaulted, the Sub-County Chief, the Sub-County Councilor, and the Chairman of the 1st Respondent’s Task Force put into the ballot box ballot papers on which the 1st Respondent’s name was ticked. Masasiro and his colleague tried to intervene but they were further assaulted; but he insisted that the ballot papers put in by the three be removed, but the three men continued to put more ballot papers into the ballot box. Masasiro struggled with the 1st Respondent’s Task Force Chairman from whom he removed five ballot papers, already ticked for the 1st Respondent. Masasiro ran to Mbale Police Station and handed over to the Police the five ballot papers. His statement to the Police was received, with reference SD1 5/12/3/2001. Up to the day Masasiro deponed to the affidavit, the Police had not yet called him back for further action. The affidavit was based on knowledge and belief, but since the deponent related only what he witnessed, belief is irrelevant.

Masasiro’s affidavit was rebutted by Michael Namundi, a District Councilor, Mbale District. In his rebuttal affidavit of 2-4-2001, he said that he was a member of the Respondent’s Mbale District Task Force. On 12-03-2001, he went to Nkusi Primary School Polling Station at 8.00 am. to cast his vote. On arrival there, he noticed a scuffle between some women voters and Masasiro, who was blocking those women to vote by grabbing their ballot papers because they were going to vote for the 1st Respondent. Namundi went to make a report to the Bufumbo Sub-County Chief, Abdu Mudema. As a result, Mudoma, Ali Bulobe s/o Mukholi Chairman of the Bufumbo Task Force for the 1st Respondent and Namundi returned to the scene. They found Masasiro seated on the ballot box and preventing everybody from voting. The Presiding Officer was looking on helplessly. Abdu Mudema cautioned Masasiro about his behaviour. With the help of a Police Constable the ballot box was wrested away from him. Thereafter, Masasiro ran away and voting continued smoothly. According to Namundi’s account of what happened, Masasiro was the person who committed crimes at the Polling Station. As there was a polling Police Constable present, according to Namundi, why was Masasiro not arrested? Instead it was the culprit (if Masasiro was one) who reported the matter to Mbale Police Station, a report given a reference number. It would have been helpful if the Police explained this by affidavit evidence.

As it is, I do not believe that it was normal for the accused person who went to the Police Station instead of his accusers if Namundi’s account is true. As it was Masasiro who made a report to the Police I do not think that he was the culprit as Namundi painted him to be. In the circumstances, I prefer Masasiro’s version of events to that of Namundi.

Antelli Twahirwa, of Kingengi, Kabale Municipality, was the Kabale District Chairman of the Petitioner’s Task Force. In his affidavit of 21-03-2001, he said that during the campaign, the RDC, Mwesigye, with LDUs Parish Chiefs, and GISOs kept the Petitioner’s Task Force under constant harassment. The harassment was wide spread and occurred in almost every part of the District which Members of the Task Force attempted to visit. The Petitioner’s Kabale District Task Force had a wide range of complaints about the conduct of the pre-election process which they found to be fundamentally flawed. They forwarded their complaints to the 2 Respondent, but nothing was done to redress the situation. A copy of the written complaints, detailing the irregularities was annexed to Twahirwa’s affidavit as annexture “A.” On election day itself, Twahura said, their agents gave him reports of widespread intimidation by Government officials, forcing them to vote for the 1 Respondent and many other electoral malpractices, ranging from allowing people to vote when they were not entitled to do so; forcing voters to tick their votes in the open and for the 1 Respondent; forcing the Petitioner’s agents to sign declaration forms when they had been prevented from witnessing the Polling exercise; and many others to the extent that the District Task Force, of which Twahirwa was Chairman also forwarded their complaints to the 2nd Respondent. They also forwarded similar complaints to the NGO Monitoring group (NEMGROUP) and Polling officials at all levels, but nothing was done to regularize the elections. A copy of their complaint with details of malpractices was annexed to Twahirwa’s affidavit as annexture “B.”

The contents of the annextures are too long and numerous to be reflected in this judgment. Only a brief summary may be given here.

Annexture A, dated 5-3-2001 was addressed to the Chairman of the 2nd Respondent and the Kabale District Returning Officer. It said, inter alia that the RDC, Kabale, James Mwesigye, on his campaign tour for the 1st Respondent urged voters to tick a candidate of their choice, but further urged people to punish or report whoever would vote for the petitioner. The problem was rampant in Bufundi, Kamwezi, and Rubaya sub-counties. The deputy RDC, Coax Nyakairu, and his Assistant RDC, Dan Kaguta, were touring the district spreading the same message. The whole group told voters that even if the Petitioner won the elections he would not be allowed to lead Uganda. The document then said under a sub-heading “PETITION”:

“I would like to lodge my petition for the removal of the following persons from the list of polling officials. They campaign for the presidential candidate Yoweri Kaguta Museveni”

This is followed by a long list of election officials sub-county by sub-county, and the reason why they should be removed. For instance being on the first Respondent’s sub-county Task Force; attending his agents meetings at Parish or other levels; or for tearing out the petitioner’s posters or for being the 1st Respondent’s mobiliser, for being LDUs; for dispersing rallies of the Petitioner’s supporters, etc. The list contains 233 names of election officials for removal, from the sub-counties of Bubare, Kabale Northern Division, Rubaya, Maziba Hamurwa, Kitumba, Kamunganguzi, Bifindi, Nyamihyango and Nyabikoni.

Between sections of the list of names there were statements like: “Rubaya sub-county has one of the most notorious LDUs in the District”. This particular one is followed by names of 18 LDUs who were indicated to be the 1st Respondent’s agents.

Another was: “We would also call for the removal of the Polling Officials whose names are listed below because they campaign for Presidential candidate Museveni’ this was followed by numerous names

The chart shows that the affidavit of Twahirwa was rebutted by James Mwesigye, the RDC of Kabale District. In his rebuttal affidavit he said that the allegations by Twahirwa that the RDC, (Mwesigye), LDUs, GISO’s and Parish Chiefs kept harassing the Petitioner’s agents or supporters were totally false because none of the Government officials referred to, including himself, the RDC, was involved in electoral malpractices before, during and after the Presidential Elections. The letter of complaints referred to by Twahirwa was neither copied to him nor brought to his attention by the Returning Officer of Kabale. Mwesigye did not, in his rebuttal affidavit, say why Twahirwa should have invented such big and serious lies against him and other Government officials in his affidavit if the allegations were totally false as Mwesigye said. On the other hand if the allegations were not false Mwesigye would not be expected to admit them. A whole RDC would not be expected to admit having committed such electoral malpractices. In the circumstances I would prefer Twahirwa’s evidence to Mwesigye’s denials and I do.

Sande Wilson, of Kitohwa Kaharo, Ndorwa, Kabale District was a mobiliser for the Petitioner’s Kabale District Task Force. In his affidavit of 21.3.2001 he said that during elections campaigns, the RDC, Mwesigye kept that Task Force under constant harassment. In early March, for example, he mobilized LC Officials and the 1st Respondent’s supporters and used them to violently stop the Petitioner’s supporters from a rally at Ryakarimira Trading Centre in Rubaya. There were many other similar acts.

The said RDC kept threatening the Petitioner’s Supporters with arrest if they did not abandon the petitioner’s camp. At several rallies, he publicly and openly directed that the people should compile lists of the Petitioner’s supporters and send them to him. The said RDC also directed that ballots should be ticked in the open. On Polling day, this is what Sande found was being done at virtually every polling station he visited. Towards voting day, Sande found out that many 1st Respondents’ mobilisers were also appointed as polling officials. Those included Muhazi Maziba, Charles Byasigehraho Kaharo and Kwarikunda of Rwesasi. On the Polling day Sande monitored Polling Stations at Bufundi and Muko sub-counties. At almost every Polling station he visited, he found people being made to tick ballots in the full view of the polling officials and the rest of the public. In Bufundi, the Vice-chairperson, L.C.5, Kabale moved from station to Station directing Polling officials not to allow any agent of the Petitioner at the polling stations. That order was widely complied with as Sande found out that all the Petitioner’s agents had been chased away from their stations or arrested and jailed. Sande and colleagues complained to the Chief Administrative Officer, but he advised them to go to the Police. They did, but the police was powerless. They then decided to compile a report and send it to the said 2nd Respondent. This was the report annexed to Twahirwa’s affidavit, to which I have just referred, in this judgment. Sande said that the incidents he mentioned in his affidavit were mere examples of the irregularities which were glaringly manifest throughout the area of his operation aforementioned. In the circumstances, Sande said, the elections in their area were manifestly rigged in favour of the 1st Respondent and were not free and fair.

Sande’s affidavit was rebutted by James Mwesigye to whose rebuttal I have already referred in connection with Antelli Twahirwa’s affidavit. He said that all of the contents of Sande’s affidavit were false because the events alleged therein never occurred. My comments about Mwesigye’s rebuttal of Twahirwa’s affidavit equally apply to his rebuttal of Sande’s affidavit. I therefore reject Mwesigye’s denials as not true and accept Sande’s evidence true. Sande’s affidavit was also rebutted by Didas Kanyesigye. In his short rebuttal affidavit Kanyesigye deponed that what Sande alleged against him was completely false. He was the Vice-chairman L.C.5 of Kabale to whom Sande referred in his affidavit. Kanyesigye did not say why Sande should make up such serious allegations if the allegations were completely false. On the other hand, Kanyesigye would be expected to deny them because of the serious implications. A deputy chairman of a whole L.C.5 of a District would not admit that he had been involved in electoral offences. He would be expected to deny such allegations. In my view that is what happened here. In the circumstances, it is Kanyesigye’s denials which I find false. I accept Sande’s evidence as true.

James Musinguzi, of Ngungamo, Kayonza Sub-County, Kanungu District was in — charge of Petitioner’s elections campaigns in the South — Western Region of Uganda. In his affidavit of 23-03-2001, he said that in the course of discharging his responsibility, the team which he led was exposed to enormous intimidation, harassment and violence throughout the Region. Shortly after the Petitioner announced his intention to stand as a Presidential candidate, soldiers of the PPU were heavily deployed in the Districts of Rukungiri and Kanungu. The PPU soldiers unleashed terror and suffering on the local people believed to be the Petitioner’s supporters. These included Richard Bashaija, Sam Kaguliro, Henry Kanyabitabo and many others who complained to Musinguzi about the harassment, and he forwarded the complaints to the 2nd Respondent and Police, but no action was taken. The said soldiers were deployed and continued to harass suspected Petitioner’s supporters up to the elections. During the entire period of campaigns, Gad Buturo, GISO of Kihihi Sub-County, Peter Mugisha, a Councilor for Kambuga, Stephen Rijaga, Godfrey Karabanda, and many other Civilians on the 1st Respondent’s Task Force regularly went around with guns threatening the Petitioner’s supporters to compel them to support the 1st Respondent. Musinguzi’s team reported their activities to the 2nd Respondent to the Police and the Regional Police Commander, Stephen Okwalinga, who promised to handle the issue, and sent a Mobile Police Unit to Kanungu to arrest the said Rujagu, without success. The following day the said Regional Police Commander was ordered out of the Region on the very day the Petitioner was to address a rally in Rukungiri Town. The District Police Commander for Rukungiri had also earlier been withdrawn in the absence of any Senior Police Officer in Rukungiri Town, the PPU soldiers unleashed even more terror and in the process they shot dead one of the Petitioner’s supporters and injured 14 others without provocation whatsoever. As a result of that terror, the Petitioner’s agents feared to canvass for him as a candidate.

The affidavit was based on knowledge and belief. Belief is irrelevant since what the witness deponed to, appears to be from his knowledge. The Chart indicates that Musinguzi’s affidavit is rebutted by Captain Ndahura. My comments and finding on Captain Ndahura’s rebuttal affidavit concerning Musinguzi’s evidence are the same as what I have said in respect of other witnesses. I do not believe the Captain’s denial.

Dr. Muhumuza Julius is a Medical Officer attached to Bundibugyo Hospital. On 12-03-2001, he received four Polling agents of the Petitioner from Bubandi Sub-County and one from Bubukwanga Sub-County. According to their appointment letter and they also informed the Doctor that, they had been beaten by UPDF soldiers and chased away from their respective Polling Stations. He examined and treated them. They all had bruises and haematona on their limbs and trunks of variable length, and some had multiple soft tissues which according to the doctor, were inflicted as a result of repeated stroking of the cane. A copy of the medical examination report was attached to the doctor’s affidavit as annexture “A” I have seen the medical report. The injuries therein are consistent with assault and beating.

The affidavit of Patrick Matsiko Wamucoori has already been considered in another context in this judgment. He further said that at the special area of Kanyarugiri 07 Polling Station for the Army in Nyamarebe Sub-County, Ibanda Sub-District, he noticed multiple voting by Battalion Intelligence Officer and others. He pointed out this irregularity too the Presiding Officer, who asked him why he was observing voters and he replied that it was part of his job as a Journalist. The Presiding Officer confiscated Mucoori’s mobile phone, documents, identity card, money, belt, note book, and a pen, and instructed the Regimental Police (RP) to take him to the Quarter Guard and thereafter to the barracks for detention. The R.R did that and Mucoori was locked up in an abandoned house inside the barracks. There were broken sticks and clubs inside the house. He was released by a soldier who took him back to the army Polling Station. On the way, Mucoori met the Battalion Commanding Officer, Capt. Kankiriho, who threatened to beat him if he dared go near the Polling Station or if he revealed anything he had seen. He later recovered his property. That very night Mucoori boarded a bus to Kampala.

The Chart indicates that Mucoori’s affidavit is rebutted by Captain Nuwagaba, but it does not show where the rebuttal affidavit may be found. Orikiriza Livingston was a Campaign and Polling agent for the Petitioner for Nyarushanje, Rubabo Sub-County, Rukungiri District. In his affidavit of 23-03-2001, he deponed that in the course of campaigns Sebagenzi, the Chairman LC3 and Dezi Rwabonahe Treasurer — L.C.3 of Nyamishanje, restricted him from campaigning for the Petitioner and threatened to arrest him, until he left the Village, which he did and took refuge in Kabale Town for a week. Later, he returned to his village to continue with the campaigns in Bureno and did so secretly throughout January, 2001. Around 7-2-2001, a group of armed men moved around Orikiriza’s village at night targeting homes of the Petitioner’s supporters and ordering them to desist from supporting, and campaigning for, him. As a result of the threats, his campaign in the area became difficult to the extent that the clean up exercise of Voter’s Register was not conducted at all. The Chairman of the Movement Committee of the Sub-County, one Tushembelire Tofa, took away and kept in his custody Voters’ Cards for the dead, and those who were not picked. On polling day names of such people in the Register of Voters were ticked. On 10-03-2001, when the Petitioner’s Agents from Kampala visited the area to conduct campaigns — including Jovinta Kinaheirwe and Anne — they were denied the right to campaign by the said Dezi Rwabonahe and the PPU soldiers despite Police clearance. The Petitioner’s agents went into hiding throughout Sunday, 11-03-2001, up to 12-03-2001, the Polling day. On the Polling day, the Presiding Officials allowed people to vote using Voters’ Cards which did not bear their names and Orikiriza strongly protested, but to no avail. Thereafter Deezi Rwabonahe instructed the Presiding Officer that, whoever objected should be handed over to the PPU or Police. During that time, Orikiriza many people voting more than once without any hindrance from the Presiding Officer. These included Tofa Tushembelire, Banjo Bakuda, Mwesigwa Ronald, Tusingwire Josam, Ruzoora Julius Agaba, a Muluka Chief called Mgabe, and Gakyalo, from 3.00 p.m. to 5.00 p.m. The Presiding Officer waived the requirement for secret ballot and voters were told to tick in favour of the 1st Respondent at the desk of the Presiding Officer. A voter called Kacururu, son of Matayo, of Buneno Village, and who was under-aged, presented the Voter’s Card of Orikiriza’s brother, Davis Mashango residing in Kampala. He protested but the Presiding Officer ignored him. The Petitioner’s defeat of 47 votes to the 1st Respondent’s 299 votes was due to intimidation and the aforesaid malpractices, because the former had tremendous support in Orikiriza’s village.

The affidavit was based on knowledge and belief. Ground of belief that the Petitioner obtained 47 votes due to intimidation was given. The Chart does not show that Orikiriza’s affidavit was rebutted. His evidence therefore, remains uncontroverted. I believe it as true.

Mubangizi Denis, of Kikongi, Rukungiri District was Vice Chairman of the Petitioner’s Task Force in Bwambara Sub-County. In his affidavit of 20-03- 2001, he deponed that on 5-2-2001, the local GISO, Kajuma Warren, went to arrest him, saying that Captain Ndahura Commander of the PPU troops deployed in the District wanted him. Mubangizi went to Rukungiri Police Station to report the incident. He was allowed to return home. On 3-3-2001, three PPU soldiers arrested him at the Rukungiri rally before the Petitioner arrived. They led him to Nyabubare Barracks and beat him up. Hs spent the night there and he was released after another thorough beating. The soldiers threatened him that if he reported the assault or went to any hospital, they would kill him. For fear of rearrest, he sent one Geoffrey Byaruhanga to the Petitioner’s District Task force who reported his plight, and sent a vehicle which took him to Nyakibale Hospital. Captain Atwooki B. Ndahura, who was the Commander of the PPU deployed in Rukungiri, rebutted the affidavit of Mubangizi Dennis. In his rebuttal affidavit, dated 4-4-2001, he said that he never sent Kajuma Warren to arrest Mubangizi Dennis as the latter alleged in his affidavit. The allegations by Mubangizi that he was arrested by PPU, taken and beaten at Nyabubare Barracks, on 3-3- 2001, was false, as no PPU personnel ever left their camp in Rukungiri, on that day. The Captain did not say why Mubangizi should invent the detailed allegations he made if they were false. On the other hand it is the Captain who would have reasons for denying that PPU soldiers under his command perpetrated what so many witnesses testified by affidavit that they did.

In my view, it is Captain Ndahura’s denials which are false and the evidence of Mubangizi and many other witnesses like, him would be credible. I so find.

Ediba Justine Emokol is from Kapokin Parish, Atutur Sub-County, Kumi district. In his affidavit of 20-03-2001, he said that he was a Polling agent at Kapokin “A” Polling Station. He did not say whose Polling agent he was, but the context indicates that he was the Petitioner’s Polling agent. He said that during polling, it was the 1st Respondent’s agents guiding the elderly and the illiterate to do polling. When he protested, the Presiding Officer told him to leave things as they were as