Failure to adjourn the voting when it rained.
Section 29(1) of the Parliamentary Elections Act provides:
“Polling should be conducted as far as possible in the open or in large
premises of conveniences access”.
In the instant case, counsel submitted that the Presiding Officer did not need to
adjourn the polling exercise since it was possible to have the exercise continued in the
nearby unfinished building.
Ntinda I Polling Station
In her affidavit, Lamula Bukenya, a polling agent of the respondent, complained that
counting votes started at 8:00p.m and the Presiding Officer was using a dim torchlight
but a certain person took away the torch.
Counting of votes continued in the
darkness. Counsel contend that if that was true, she does not state who took away the
torch.
Kiwanga I Polling Station
Sentongo Waswa alleges that counting at Kiwanga Polling Station was done using the
light of a car which was later switched off. This allegation was rebutted by Issa
Musoke, the Presiding Officer, who stated that the light of the car was never switched
off. His evidence was rubbished by the trial judge on the ground of being partisan.
Counsel submitted that this was a partisan election under multiparty politics whereby
you would not rule out campaign agents and staunch supporters of the parties giving
evidence.
Counsel contend further that it was wrong for the learned trial judge to condemn the
witnesses of the 2nd appellant as being partisan without also condemning the
witnesses of the respondent.
According to counsel, this occasioned a gross
miscarriage of justice to the 2nd appellant and indeed the 1st appellant as well.
Lutengo B and M
The 2nd appellant tendered the evidence of Nalwadda Justine and Phoebe Kiiza who