At Kabembe Polling Station, Christopher Kayongo stated in his affidavit that he
found Diriisa and Mirembe whom he knew very well as ardent supporters/agents of
the 2nd appellant clad in NRM T. shirts and busy campaigning for the 2nd appellant.
It is the contention of the appellants that this witness did not mention those who were
told to vote for the 2nd appellant. Instead Mirembe Agnes denied wearing any NRM
T-shirt and involving herself in open campaigning for the 2nd appellant.
At Namilyango Polling Station, Mukalazi David Salongo, respondent’s agent, alleged
that L.C. Chairman was appointed a Polling Assistant by the Presiding Officer
because the polling Assistants were late.
The Court held that he was illegally
appointed and issued the ballot papers illegally. Counsel contend that the Presiding
Officer appointed him to meet the exigencies of the situation to achieve the purpose of
the law. In their view, counsel submitted that under section 50 of the Electoral
Commission Act, the Commission is empowered to take such decision and acts
through its staff.
Counsel contend further that the number of votes issued by the appointed Polling
Assistant were not stated nor was it proved to the satisfaction of the court that such
issuance of ballot papers affected the result in a substantial manner as envisaged
under section 51 of the Election Petition Act. On the issue of illegal practices,
counsel submitted that the particulars having not been pleaded in the petition and its
supporting affidavits, the learned trial judge was in error to consider the belated
affidavits containing the particulars. Further, counsel contend that there was no
proof that they affected the result in a substantial manner.
The Declaration of Results Forms:
Counsel contend that all the alleged Declaration of Results Forms are not certified and
some are not signed by the Presiding Officers. According to counsel, uncertified
Declaration of Results Forms and those not signed by the Presiding Officers are of no
evidential value. In support of this argument, counsel cited and relied on the decision
of Kakooza John Baptist vs Electoral Commission & Anor (supra).
Counsel submitted further that without the evidence of Declaration of Results Forms
attached or annexed to the respondent’s affidavits, the allegations relating to such