vs Katuntu Abdu, Election Petition Appeal No.24 of 2006.
Mr. Lukwago pointed out that in the instant case, Mrs. Namwandu
Zziwa alias Nantongo, did not deny receiving money from the 2nd
appellant. According to counsel, her testimony in cross-examination
essentially corroborates the evidence of Muwonge save fore the issue
of the amount of money.
ii)
On the question of Muwonge being a self-confessed criminal,
Mr. Lukwago pointed out that in his affidavit, Muwonge
clearly stated that upon receiving the money, he informed the
respondent and thereafter reported the matter to Mukono Police
Station which referred him to Naggalama police Station where
he recorded a statement under CRB No. NAG.205/2006. The
file was forwarded to the Resident State Attorney who
sanctioned it under Ref. MKN 250 of 2006. According to
counsel, this evidence was admitted by Namwandu Zziwa
thereby exonerating Muwonge.
iii)
On the contention that Muwonge does not state that Namwandu
Zziwa, Muwonge Tadeo and Nsumba were registered voters.
Mr. Lukwago submitted that Namwandu Zziwa who received
the money on behalf of all the group members, expressly stated
during cross-examination that she was a registered voter at
Buntaba polling station.
Namwandu Zziwa further stated that she distributed some of
the money to the disabled persons who were registered voters.
She spent 2000/= for hiring boda boda to transport voters to the
polling station; 3000/= for fuel and 1000/= for the work she had
done.
Learned counsel submitted that the offence of bribery is complete once the
intention of the giver is ascertained. In support counsel cited the case of Mukasa
Anthony Harris (supra) and that of Hon. Kirunda Kiveijinja (supra). In this case
the intention of the 2nd appellant was very clear, according to counsel, to bribe voters.