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“A” Centre, in Bungokho Sub-County, Mbale District. On 12-03-2001, before she cast her vote, she first left for home to take lunch to and check on, her children who were staying with her mother at Nauyo. On the way, she met the Bungokho Sub-County Chief, one Mutoto. He was in the company of one Masaba, a resident of Nauyo. The two men stopped her, Masaba then said “These are the people who disturb us with Kizza Besigye.” He severely assaulted Nadunga, using a hippo whip. Masaba caned her until the polythene bag containing milk and bread she was carrying fell down and he stepped on it. He also caned her hand which was holding a small booklet containing her Voter’s Card. The booklet dropped on the ground and the Voter’s Card came out. Masaba picked up the Voter’s Card declaring that Nadunga was not going to vote for the Petitioner. She was rescued by one Watira, who rebuked Masaba for assaulting her. Masaba refused to return her Voter’s Card. So, she left the scene. She reported the matter to the area LC.I Chairman, who gave her a letter to report to Mbale Police Station. She went there and made a statement. She was given Police Medical Forms for medical examination. She was examined and treated at Masaba Wing, Mbale Hospital. The Police Officer who handled her case gave a chit to the Presiding Officer, Bugema “A” Polling Station. Before Nadunga left the police station, Masaba was brought in by two men in plain clothes, who ordered that he be detained. Before she left the Police Station, two army men came and ordered for the release of Masaba, Nadunga’s assailant. Nadunga left the Police station for the polling station where she voted using the chit from the police. The Presiding Officer checked and found her name in the Voters’ Register. She voted. On her way home, she met Masaba who was in a motor vehicle. He stopped, alighted out and warned Nadunga that she should not stay in the village. He was then armed with a gun. Because of fear, she returned to Mbale Police Station and again recorded a report, and made additional statement.

The O.C. C.I.D. confirmed to her that Masaba had signed for a gun from Mbale Police Barracks. Nadunga then said:

“The O.C., C.I.D. warned me to take care of myself as it was a very bad time.”

Because of fear for her life, she had to stay away from her home. She rented a room in Mbale Municipality. Next morning, 13-03-2001, when Nadunga was going to meet her friend, one Nambuya, at West End Inn, she met Masaba in a group. He stopped and warned her that “we shall meet.” From the West End Inn, she went to Kampala and returned to Mbale on 1 9-03-2001. The affidavit is based on knowledge and belief. Since all she said in the affidavit was what she saw, belief was irrelevant.

Muhamad Masaba rebutted Nadunga’s affidavit. In his rebuttal affidavit of 2-4-2001, he denied everything Nadunga said about and against him in her affidavit. He added, however, that Nadunga is his neighbour and that she was a member of the Petitioner’s Task Force in Bungokho South Constituency. He also said that he was not a member of security forces and that he had never held a gun. It was true that he went to Mbale Police Station, but it was in respect of a case of attempted arson against his house and vehicle the night before, not in respect of Nadunga’s case. Masaba did not say why Nadunga should have made such serious accusations against him falsely without foundation. In my view, these are not the kind of allegations which one invents completely out of the blue without any grain of truth. In any case, no person would admit having committed the crimes Nadunga accused Masaba of committing, if he could get away with

it. Masaba apparently, had ‘God fathers” who spirited him out of police detention. So, he must have been confident that he would get away with what Nadunga alleged against him. In the circumstances, I would reject Masaba’s denials and accept as true Nadunga’s affidavit.

This was not a direct case of harassment or intimidation by the military. But, it shows, that some civilians who were against the Petitioner’s election were just as ferocious and active in their activities against his supporters, as it is apparent from the evidence on record, as some members of the military, LDU, PPU, L.C.s, were.

In any event army men were involved in Nadunga’s case because two of them rescued Masaba from Mbale Police detention.

Mubaje Sulaiti, of Bunewooze Village, Bubyangu Parish, Bufumbo, Bungokho County Mbale District was the Petitioner’s supporter. In his affidavit of 21-03-2001, he deponed that he was entitled to vote at Bukwanga Store Polling Station. He went there with his Voter’s Card, arriving at 12.00 noon. On reaching the polling station, he saw the person in charge of dipping thumbs in ineligible ink holding ten Voters’ Cards, with which she moved towards the ballot box. Mubaje held her and sought assistance from the Presiding Officer as he removed the ballot papers from the lady. Before he could be assisted, two armed LDUs present at the scene intervened and assaulted Mubaje severely, removing the ballot papers away from him. One of the LDUs then put all the ten ballot papers in the ballot box. Mubaje was not allowed to vote and his Voter’s Card was forcefully removed away from him. He was chased away from the polling station by one of the LDUs, who threatened to shoot him if he did not leave.

From the polling station, he went and made a report at Mbale Police Station, referenced SD20112/312001. He was given a police medical form, which he took to Mbale Hospital, where he was examined and given medical treatment. The affidavit was based on Mubaje’s own knowledge and belief. Belief was irrelevant, since all he said in the affidavit was what he witnessed.

Arajabu Mugomba rebutted Mubaje’s affidavit. In his rebuttal affidavit of 3-4- 2001, he said that he was an LDU Constable stationed at Bufumbo Sub-County.

On polling day, he was deployed at Bukwanga “C” Polling Station as a Polling Constable and he was not armed with a gun. Mubaje Sulaiti was personally known to him. At 10.00 a.m. Mubaje arrived with one Issa Kibwiti and went to the Presiding Officer’s table. While at the table, they attempted to grab ballot papers from the Presiding Officer, one Kasakya Hakim. Mugomba said that he intervened and pushed them away. Both of them grabbed Mugomba and started assaulting him severely, thereafter they ran away. When the Chief Administrative Officer called at the polling station at 2.00 p.m. Magumba made a report to him. Mugumba denied that he assaulted Mubaje, removed ballot papers from him and put them in the ballot box. It was not true that Mubaje was not allowed to vote and that his Voter’s Card was forcefully removed from him. Mugumba also denied that he attempted to shoot at any one. I do not accept Mugumba’s affidavit for the following reasons.

Firstly, Magumba’s version of the story about a struggle for ballot papers is only slightly different from the account of events given by Mubaje.

The main difference is that Mubaje said that he tried to grab the ballot papers from a lady responsible for marking thumbs of voters who had voted, but Mugamba said that Mubaje was grabbing the ballot papers from the Presiding Officer.

Secondly, if Mubaje attempted to grab ballot papers from the Presiding Officer, it was a serious electoral offence of causing disturbance at a polling station, and the Presiding Officer, would and should have taken it seriously and have Mubaje dealt with according to the law.

Thirdly, it is Mubaje who reported the incident to Mbale Police Station if his version is true. The accused became the accuser.

Fourthly, Mubaje was apparently injured and obtained treatment at Mbale Hospital, which would be consistent with his story that he was the one assaulted.

Fifthly, if it was Mugamba who was assaulted by Mubaje and Issa, he would have been expected to report the assault to the police and go for medical treatment if it was necessary to do so. He did not. Mubaje’s story is too detailed to have been a total invention as Mugamba’s affidavit evidence implies.

Seventhly, and finally, Mugamba would not be expected to admit the kind of criminal acts Mubaje alleged to have been committed by the LDUs at the polling station. In the circumstances, I accept Mubaje’s affidavit evidence as true and reject Mugamba’s denial.

Mulindwa Abasi, of Kobolwa Zone L.C.l, Kubuku Parish, Pallisa District, deponed in his affidavit dated 21-03-2001, that he was a monitor for the Petitioner in Kibuku Parish. After casting his vote at Kobolwa Polling Station at 7.00 a.m. he started his work of monitoring within Kibuku Parish. His affidavit then continues:

“(a) When I was at Kibuku Trading Centre, I detected that Mrs. Mujwi, the Sub-County Chief, Kibuku Parish, was issuing out some Voters’ Cards to the crowd which was around her at the Trading Centre. I was with Gideon Kalaja who was the Sub-County Monitor for Colonel Dr. Kizza Besigye. We went and challenged Mrs. Mujwi, but we were roughed up by the Local Defence Unit personnel who were heavily armed. They told us that they together with Museveni, are in power and we cannot do anything. They told us to keep quiet.

(b) There were motor vehicles which were bringing voters from villages and they were all told to vote for Candidate Yoweri Museveni. Some soldiers were traveling in a mini bus all around the Trading Centre where the Sub-County Chief, Mrs. Mujwi, Haji Nangeje Abubakali, Sub-County Councilor Maiiki Kitente, and Nyaigolo Peter L.C.II Chairman, were telling the people that if they vote for Besigye, the soldiers will kill them. There were three polling stations within the Trading Centre, namely, Kobolwa, Kibuku Secondary School and Ginnery Polling Station. Mrs. Mujwi and her group were going round these polling stations giving Voters’ Cards even to those who had already voted. I complained to the Presiding Officers in the 3 polling stations, but in vain. Instead I was being laughed at.

(c) All the Polling Stations I went to, there were voters who could not vote because on reporting they were told that their names had been ticked and they were told they were not supposed to vote. When they complained they were chased away.

(d) Because of the complaints I raised during the elections, my life is under threat as a result and confined to my residence all the time. I am being told by Museveni’s supporters that I am a rebel. I am under great fear for my life.

(e) The contents hereinabove are true and correct to the best of my own knowledge and belief.”

Since what Mulindwa said in his affidavit was what he saw and heard, belief is irrelevant.

The affidavit of Mulindwa Abasi is rebutted by three witnesses for the 1st Respondent. The Chart indicates that they are Malik Kitente, Teopista Mujwi and Haji Nangeje. In his rebuttal affidavit, Kitente did not say that he was a Sub-County Councilor as Muhindwa had described him. He denied that on polling day, he in the company of Mujwi, Nangeje and Nyaisolo, went around telling people that if they did not vote for the 1st Respondent soldiers would kill them. Nor did he go to the polling station giving Voters’ Cards to those who had already voted. He further said that he cast his vote at 9.00 a.m. at Ginnery Polling Station and returned home to make arrangements for the burial of his late grandfather. Thereafter he left with his family for the burial in Nasanga Village, seventeen miles away.

In her rebuttal affidavit, Teopista Mujwi said that she was the Sub-County Chief of Kibuku Sub-County, and was an election supervisor during the Presidential elections. She denied that Mulindwa challenged her for issuing cards to a crowd at Kibuku Trading Centre. She was not an officer for issuing cards. Nor did she tell Mulindwa that she was with the 1 Respondent who was in power and there was nothing he could do about it. On polling day she was extremely busy supervising all the 24 polling stations in her Sub-County. She did not meet with Nangeje, Kitente or Nyaigolo on that day. Nor did she tell people that if they did not vote for the 1st Respondent, soldiers would kill them.

In his rebuttal affidavit of 5-4-2001, Haji Abubakali Nangeje said that Mulindwa Abasi was mentally unstable. On polling day, Nangeje said, he cast his vote at 8.00 a.m. at Kibuku Senior Secondary School Polling Station. He denied that together with Mujwi, Kitente and Nyaigolo they went around Kibuku Trading Centre telling people that if they did not vote the 1st Respondent, soldiers would kill them. It was not true that they went around polling stations distributing Voters’ Cards to people who had already voted. These three witnesses denied what Mulindwa said in his affidavit in a similar manner. The only difference is Nangeje’s allegation that Mulindwa was mentally unstable. This appears to be a suggestion that Mulindwa made the allegations due to his mental condition. The other two witnesses, who said they knew Mulindwa well, said nothing about his mental health. Muhindwa made serious allegations of electoral malpractices against the three rebutting witnesses. They have not said why Muhindwa should have picked on them if what he deponed in his affidavit was a fabrication. On the other hand the three of them being officials of one kind or another, would certainly not wish to be associated with electoral malpractices. They would therefore, be expected to deny that they played any role in such malpractices. Their denials are normal. In the circumstances, I would prefer Mulindwa’s affidavit evidence to the denials by Kitente, Mujwi, and Nangeje, and I do.

Arinaitwe Wilcen was the Petitioner’s coordinator for Bufundi Sub-County, Ndorwa, Kabale District. In his affidavit of 21-03-2001, he deponed that during the week before polling day, they tried to hold a rally at Kyevu in Nyamirango parish, but they were chased away by the L.C.I Chairman, Barangirana, acting with the assistance of L.C.l officials from the village and the neighbourhood.

On 11-03-2001, as he returned from distributing appointment letters to the Petitioner’s Polling agents, he found many road blocks had been set up all the way. He was able to dodge three, but at the fourth one near the lake shore, where Arinaitwe had left his boat, he found the L.C.I Councilors manning the road block. Bangirana and Inyahureba were among them. They had already arrested Arinaitwe’s boat “driver.” He was also arrested on sight, severely beaten, stripped naked and taken to the home of the L.C.II Chairman. Arinaitwe’s money and documents were also removed from his pockets. At the L.C.II Chairman’s home, he was tortured to reveal the names of the Petitioner’s agents, so that they would also be arrested. They got the names from the documents removed from him, anyway. Arinaitwe was then taken to the home of David Mirasanyi, MP of the area. The M.P directed people who had brought Arinaitwe to share his money, and then take him to the Sub-County Headquarters. He gave them a motor vehicle to carry Arinaitwe. On the way, one Nyangire, an L.C.I Defence Secretary who had by then joined the group, suggested that they should kill Arinaitwe and throw his body in Lake Bunyonyi. They instead decided to break up into two groups. One group to take him to the home of Local GISO, and the other to hunt down the Petitioner’s agents, using the list they had obtained from Arinaitwe. From the GISO’s home, he was taken to the Sub-County Headquarters. At the headquarters, he was beaten up all the way, and he was directed to make a statement and thrown into jail.

On 12-03-2001, he was moved to a cell in Kabale Police Station, where he was held until 14-03-2001. He was released on Police Bond. He was not charged with any offence. At Kabale Police Station, he found a number of the Petitioner’s agents in detention, including the Student’s Guild President of the African College of Commerce. In the circumstances, Arinaitwe never voted.

The affidavit is based on knowledge and belief. Since the deponent said only what he witnessed, belief is irrelevant. The Chart indicates that Arinaitwe’s affidavit is rebutted by David Mulasanyi, but it does not indicated where the rebuttal affidavit may be found.

Matsiko Armstrong was the Petitioner’s Polling agent at Omurakoko and campaign agent for Kabale. In his affidavit of 21-03-2001, he deponed that whenever he and other Petitioner’s agents went to campaign in Kabale District, L.C. officials constantly harassed them, mobilized people to throw stones at them, dispersed their rallies, making it virtually impossible to campaign in places, such as Rubaya and others. On polling day, he voted and proceeded to Rurembo for his duty as a Polling agent. As he entered the polling station within a school fence, a group of men led by one Kugaga, who knew Matsiko as a supporter of the Petitioner, confronted him and demanded that he (Matsiko) should go far away. When he explained that he was a Polling agent, they replied that they were self sufficient and did not need any “visitor.” At this polling station when Matsiko refused to leave, they started kicking, boxing and trampling on him. They wounded him on the eye and hand, and tore his jacket. He managed to go away as they called a crowd to arrest him for being a Petitioner’s agent. They shouted that if the Petitioner’s agents went to the polling station, they should be killed. On the way, he met other agents of the Petitioner, whom he warned not to step in Rurembo Polling Station. He reported the matter to the Police Station, where he recorded a statement and got a Police Medical Form. The Police said that they could not go to Rurembo because they had no fuel. The Chart does not show that the affidavit of Matsiko Armstong is rebutted. His evidence, therefore, remains uncontroverted. I accept it.

James Birungi Ozo was a District Monitor for the Petitioner, Kamwenge District. His affidavit dated 22-03-2001 has already been referred to in this judgment. He said that on 8-3-2001, he was shot at by Captain Kankiriho, the C.O. of Behanga Barracks to prevent him from campaigning for the Petitioner. The shooting was in the presence of Byonduyire (whose evidence to the same effect I have already referred to), Engineer Dan Byamukama, and L.C.lll, Movement Chairman. The L.C.lll Movement Chairperson is the one who identified Ozo to captain Kankiriho, who had prior knowledge of Ozo’s campaign for the Petitioner. Fortunately the bullet did not hit Ozo, but passed between his legs as he entered his car. He drove off. He reported the incident to Ibanda Police Station. A file was opened and he was told that the police would investigate the matter.

Earlier on the same day, Ozo was stopped from campaigning for the Petitioner by armed UPDF soldiers at Matsyono Trading Centre. Ozo’s team of seven people were arrested and ordered to leave at gun point. The Petitioner’s supporters were sent away and the rally stopped. On the same clay, five members of the Petitioner’s Ntara Sub-County Task Force, were arrested by a GISO, and detained at Ntara Police Post and later released without any charges against them.

Ozo said that the Petitioner’s Chairman of Kamugye Sub-County Task Force, one Gervazio, was attacked at his home by UPDF soldiers and L.C.’s and his house was burned and, thereafter, went into hiding. Gervazio could not thereafter perform his duty, especially identifying ghost voters on the Voters’ Roll, which exercise was going on at the time. Nor did he monitor elections on polling day.

The Petitioner’s Publicity Secretary, one Muhwezi Henry was picked up from Kamwenge Town by escorts of the MP for Kibale County, Captain Byaruhanga and taken outside town, where he was beaten and asked to denounce the Petitioner. Thereafter he was attacked at his home in Kakinga Parish by Abdalla and the Parish Chief and Presiding Officer of Kakinga. His house was shot at, but he escaped. He left the District and took refuge in Fort Portal. The affidavit is based on knowledge and belief. Some parts also appear to be based on information without the source thereof being disclosed. Only what is based on knowledge of the deponent is valid. What appears to be based on information is not. The Chart does not show that Ozo’s affidavit is rebutted. So, his acceptable evidence stands uncontroverted. I accept it.

Patrick Kikamberwa, of Kanyegaramire, Kanyenda Parish, Kamwenge District, was a polling agent for the Petitioner at Kanyegaramire Polling Station. He deponed in his affidavit that he and other fellow agents, of the Petitioner were threatened two days before polling by the Parish Chief one Ganyenda and son of Byabagambi that they would be burnt to death if they appeared for the Petitioner as his agents on polling day. He said that they feared and did not work as polling agents but went to vote. At Kanyegaramire Polling Station where Kikamberwa went to vote, he was told by one lady, Kasiime, the NEM Group Polling Monitor to tick the 1ST Respondent. The Presiding Officer, Kyampi, asked him to do so in front of him. He refused, but they followed him up to the basin to see whether he would vote for the Petitioner. Due to fear and threat, he voted for the 1st Respondent against his will. Mugisha, a voter at the same polling station was also forced to vote for the 1st Respondent, but he got angry and left the polling station without casting his vote. Whoever was suspected to be a supporter of the Petitioner would be forced to tick the ballot paper in front of them or the person was being followed to the basin. Kikomberwa’s wife, Prossy, did not vote because her Voter’s Card was confiscated by L.C. officials who knew that she was the Petitioner’s supporter. One Mulefu later returned her card and informed her that he had ticked for the 1st Respondent. The affidavit was based on knowledge and belief, but belief is irrelevant since the deponent said what he witnessed. The Chart does not show that the affidavit is rebutted.

The evidence of Kikomberwa therefore, stands uncontroverted and I accept it.

Moses Tibanyendera of Kyakarata parish, Kahuge Sub-County, Kamwenge District, was the head of the mobilization desk and polling agent for the Petitioner in Burembo. In his affidavit of 22-03-2001, he deponed that on 28-02-2001, Hon. Capt. Byaruhanga, MP and his escorts, one of whom was Noah Kassim, went to Kyakarata and threatened him with death if he did not denounce the Petitioner. They tore down all the Petitioner’s posters which had been hang up in Kyakarata Parish. Tibanyendera reported about the incident to Ntabona in the office of their Sub-County Task Force for the Petitioner at Kahuge Trading Centre. While he was there, Mutegeki, Capt. Byaruhanga’s driver arrived wielding a gun and picked them up, saying that they were wanted by the L.C.lll Chairman for Kahuge, Mukidadi Hajji. On arrival where Mukidadi was, he told them that he was arresting them because they had abused him and had reported Capt. Byaruhanga to have torn down the Petitioner’s posters at Kyakarata. Byaruhanga’s car immediately arrived with one Kassim Noah who beat Tibanyendera and his colleagues badly. They were repeatedly told to denounce the Petitioner. Thereafter they were driven to Kahunge Sub-County cell for detention but the Sub-County Chief refused to detain them, because G. Turwanwe the Sub-County Task Force Chairman for the Petitioner had just been detained there and released thirty days previously. The affidavit was based on knowledge and belief, but since the deponent gave account of what he witnessed, belief is irrelevant. The Chart shows that Tibanyendera’s affidavit is rebutted by Silver Mugeriyi but it does not show where the rebuttal affidavit may be found.

Evelyne Nzige’s affidavit has already been referred to in this judgment. She deponed that she received an anonymous letter on 11-03-2001, threatening her to go with the Petitioner or die if she ever appeared at Kaburaisoke Polling Station as the Petitioner’s polling agent. She sent her son to one of Kamwenge Streets, and he confirmed the threat to be real. She was aware that 5 of the Petitioners Polling agents had been arrested and detained by the Army in Kamwenge Sub-County. She feared to work as a Polling agent at the Polling Station. Geoffrey Byamukama, L.C.lll Chairman, demanded that she crossed to the 1st Respondent’s camp or hand over her Voter’s Card to him or serious action would be taken against her. She chose to hand over her Voter’s Card to Byamukama through her son. She received a message from him that he was happy and that nothing would subsequently happen to Nzige. The affidavit is based on knowledge and belief only what she is based on her knowledge is admissible. She did not give the source of her information about arrest of five polling agents. That part of the affidavit is inadmissible. The Chart indicates that Nzige’s affidavit is rebutted by Silver Mugenyi but it does not show where the rebuttal affidavit may be found.

Kiiza Davis of Bukundere, Busingye, Kamwenge, was the Petitioner’s Polling agent. On 11-03-2001, he was in Kamwenge Town with his brother, Peter Wasswa and Robert, a friend, when he was arrested by Kenneth and Friday, LDUs. He was taken to a railway line, where he found another Polling agent Faida Charles arrested. At 10.00 p.m. 2nd Lt. Richard, instructed the LDU to remove their identity cards. At 1 .00 am., they were taken in Katusabe’s car to Kamwenge Army Barracks. There, Kiiza and his colleagues were put in a ditch/trench and guarded by two soldiers. On the Polling day, at 10.00 a.m., Kizza was taken to the Polling Station at Kamwenge Primary School, Block I where the same Lt. Richard ordered the Presiding Officer to tick Kiiza’s ballot paper in favour of the 1 Respondent. He was then given the ballot paper and two armed soldiers escorted Kiiza to the ballot box to cast his vote. Thereafter, he was taken back to the barracks for detention. After polling, he was released at about 6.00 p.m. As a result Kiiza did not do his work as a Polling and monitoring agent for the Petitioner. He also tailed to deliver, as he was supposed to do, letters of appointment as the Petitioner’s Polling agents to Manyindo Robert, Herbert Vincent Kagonyera, Fede Kagonyera, and Kahesi. Faida Charles with whom Kiiza had been arrested also had his ballot paper ticked for him in favour of the l Respondent.

The affidavit was based on knowledge. It is admissible. The Chart does not show that Kiiza’s affidavit is rebutted. His evidence therefore, stands uncontroverted, and I believe it as true.

Betty Kyampaire of Kamwenge Town, Kamwenge District, was the District Monitor for the Petitioner. In her affidavit dated 22-03-2001, she deponed that while monitoring with colleagues, James Birungi and two others, she discovered that at Bushinge Primary School Polling Station, one Bwengye, L.C.IIl Vice Chairman had stuffed 300 ballot papers in a ballot box. She saw destroyed ballot papers at the same polling station. Some were stained with ink. Ticking of ballot papers was done in front of the Presiding Officer, Mwesigye.

At Kitonzi Primary School Polling Station, where the Petitioner’s agents had been detained, rigging was rampant. Kyampaire saw some people voting ten times without dipping fingers in ink. Kyampaire further said that one Rugirinyangi Eric, Movement L.C.I Chairperson for Kamwenge, went around at every polling station warning the officials, where the Petitioner’s agents were monitoring, so that they should be careful when they rigged. The same Rugirinyangi rode on a bicycle to all polling stations in Kibale County harassing all the Petitioner’s Polling agents. At Kyabondara, Kanyegaraire Polling Station where the Petitioner had much support, Kyampaire found the Presiding Officer and Polling officials maliciously spoiling ballots cast for the Petitioner by adding a small tick on the 1st Respondent’s picture. As a result, most of the Petitioner’s ballots became invalid. The same thing happened at Nkongero Primary School Polling Station, where the Petitioner had 40 votes, 38 were made invalid and only two remained. Kyampaire saw stuffing of ballot boxes by L.C. officials and members of the 1 Respondent’s Task Force, and ticking from the table was common at most polling stations in Kamwenge Sub-County where she monitored the elections. Her fellow agents, Kiiza Davis, Faida, Wasswa and Manzi had been arrested and detained the night of 11-03-2001.

She had just handed over to them their appointment letters and others, which they had to distribute to their colleagues. This corroborates what Kizza Davis said about his own arrest together with colleagues of his. Kyampaire said that she had to appoint fresh polling agents for Kitonzi and Kaburaisoke Polling Stations at around 10.00 a.m. At Kanyegaranure Polling Station, she saw one Mrs. Peace Tusingwire being forced to tick for the 1st Respondent at the Presiding Officer’s table. At the same polling station, Hope Tukahirwa was forced to tick for the 1st Respondent at the table, but she refused, and she was followed up to the basin, to see whom she would vote for. One Kasiime, an official at that polling station, insisted that she should tick the 1st Respondent, and she did so. At Kamala Polling Station, one Charles, the Petitioner’s polling agent was chased away by a group of men including Eric Rugirinyangi, Movement L.C.l Chairman, Chairman L.C.lI of Nyabami Leo, and Chairman L.C.V, Misekeera, who were moving with an armed soldier. Kyampaire further said that earlier during the campaign, she was constantly harassed threatened and her shop in Kamwenge Town was vandalized, door shattered, property looted by a group of hooligans headed by the said Rugyeranyengi, Karela, Capt. Charles Byaruhanga, the MP for Kibale County. The Petitioner’s Task Force Offices were constantly closed down and reopened, and Petitioners posters torn down by people from the 1st

Respondent’s Task Force. The affidavit was based on knowledge and belief. Since what the deponent to and said was from her knowledge, belief is irrelevant. The Chart does not show that Kyimpaire’s affidavit was rebutted. The evidence, therefore, stands uncontroverted. I accept