show that they are generic in nature.
Counsel pointed out that the learned trial judge in her judgment, made reference to the
letter written by the respondent claiming disenfranchisement.
The letter was
received by the office of the Returning Officer. In the letter itself, the respondent
claimed the election process had gone on for 5 hours. In counsel’s view, the Court
cannot estimate at what time the letter reached the office of the Returning Officer.
The letter talks about the whole sub-county without specifying which polling stations
that had such problems.
Counsel further contend that there is no reason why the learned trial judge did not
believe the evidence of Namatovu Carol, Presiding Officer at Bajjo Polling Station.
She narrated how she would thoroughly check the Register even if the person
appeared without a voter’s card. Her version was repeated by a number of Polling
Officials. According to counsel, this is what the Polling Officials were duty bound to
do.
As regards the evidence of Andrew Songa, the Election Officer in-charge of the
voter’s Register, Central North Region in the election, counsel submitted that the
evidence of this particular witness shows that the complainants had their names
appearing in other polling stations and as such his evidence should not have been
rejected outright considering the fact that there had been a voter display exercise to
keep the voters clear any such anomaly that would have appeared on the Register.
Counsel contend that the analysis of the learned trial judge appearing on pages
405-406 Vol. 3, seemingly shifts the burden of proof to the 1st appellant what would
be expected of a Polling Official who is handling such an election. According to
counsel, such officials should not have known every voter, he/she would only have to
check names and if they appeared, issue ballot paper. In counsel’s view, the learned
trial Judge did not take note of the generic nature of most affidavits in support of the
Petition. Their mere attachment of the voter’s card of one’s affidavit is not evidence
that they did not cast their votes. Knowing every voter, he/she would only have to
check names and if they appeared, issue ballot paper. In counsel’s view, the learned
trial Judge did not take note of the generic nature of most affidavits in support of the