respect of which the fee is payable, shall have the same
force and effect as if the fee had been paid.”
The respondent did not take advantage of this provision. This was a serious omission
on her part which the Court should condon. These affidavits for which no fees was
paid and all the exhibits annexed to all the affidavits filed by the respondent in the
petition cannot be accorded the full force and effect at law as if the fees had been paid
in the first instance. The affected exhibits include inter-alia, all the Declaration of
Results Forms, the tally sheet for Mukono County North Constituency, the Uganda
Gazzette date the 27th March 2006 etc.
On the proof of the alleged irregularities, commission of illegal practices and election
offences including bribery on the part of the 2nd respondent personally or by his
agents with his knowledge, consent or approval, once I held as I did, that the offence
and illegal practices were not properly pleaded, then logically it followed that there
was nothing to prove. There is therefore no need to belabor the question of proof of
the same.
However, I will make the following observations.
The offence of bribery is provided for in S.68 of the Parliamentary Elections Act
which provides thus-:
“68 Bribery
1.
A person who, either before or during an election
with intent to either directly or indirectly to
influence another person to vote or to refrain
from voting for any candidate, gives or provides
or causes to be given or provided any money, gift
or other consideration to that other person,
commits the offence of bribery and is liable on
conviction to a fine not exceeding seventy two
currency points or imprisonment not exceeding
three years or both.
2.
A person who receives any money, gift or other
consideration under subsection (I) also commits
the offence under that subsection