Appellants’ counsel further contend that there is a category of deponents who claim
that they found their names missing during display and pointed out the anomaly to the
Returning Officer who promised to rectify the same but on voting day, their names
were missing. Counsel for appellants contend that the Returning Officer for the
whole District was not a Display Officer at every polling station, therefore, how did
all these witnesses individually notify the Returning Officer?
Mr. Lukwago responded that no single witness ever claimed that he or she forwarded
a complaint directly to the Returning Officer during the display exercise. It is only
Nalubega Juliet who stated that when she was receiving her voter’s card, she raised a
complaint to the issuing officer about the spelling of her name and the issuing officer
promised to rectify the same but did nothing up to polling day.
There is also contention that the trial judge makes reference to the letter made by the
Petitioner about disenfranchisement. The appellants’ counsel found it difficult for
court to estimate at what time the letter reached the office of the Returning Officer.
Mr. Lukwago referred us to paragraph 4 of the respondent’s additional affidavit which
reads:
“THAT on the 23rd day of February at around 11:00a.m, I notified the 2nd
Respondent about the absence of the said two polling stations but no step was taken
to address the situation (see copy of the letter addressed to the District Returning
Officer attached hereto and annexed “T”).
According to Lukwago, the above averment which was not rebutted, clearly indicates
that the letter was delivered at around 11a.m.
Counsel for the appellants contend further that the said complaint of the respondent to
the Returning Officer did not specify which polling stations were affected.
According to Lukwago, the respondent clearly stated in her complaint that the
problem was quite pervasive and the majority of the cases were from Goma
Sub-County.
The appellants also seek to fault the finding of the trial judge on page 406 of her