wrapped gifts, which turned out to be glasses, to the leaders and Bataka of Kitega
village. They included, among others, Muwada Walusimbi and Bengo George. Mr.
Muwada Walusimbi gave evidence that he was a registered voter at Kitega polling
station. He was also a Mutaka of Kitega village.
Bribery at Mbalala
Mr. Lukwago submitted that the trial Judge had in mind the burden of proof and
properly evaluated the evidence before her, before reaching the conclusion that the
2nd appellant gave out bribes at Mbalala.
Bribery at Kiwala Trading Centre
According to Mr. Lukwago, the learned trial judge made a correct finding that the 2nd
appellant gave out a bribe at Kiwala trading centre. In counsel’s view, the trial judge
was right to believe the evidence of Kayondo Badru and disbelieved the evidence of
the appellant and his witnesses. The bribe was handed over to the 2nd appellant’s
agent Etiang William alias Nandeeba, who was the village NRM Chairman, a party on
whose ticket the 2nd appellant contested the election.
In conclusion, Mr. Lukwago submitted that the learned trial judge was justified in her
conclusion that acts of bribery were committed by the 2nd appellant either directly or
through his agents with his knowledge and consent or approval, as that finding was
premised on the evidence on record.
In compliance with the provisions of rule 30(1) (a) of the Rules of this court, this
being the first appellate court, I have re-appraised the evidence on record as a whole,
before coming to conclusions. Bearing in mind that this court had neither seen nor
heard the witnesses, it should make due allowance in this respect to the learned trial
judge.
I have subjected the entire evidence on record regarding an election offence of bribery
in this case to strict scrutiny. I have also considered the submissions of counsel for