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

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