Constable who allegedly had taken her to the police station did not swear an affidavit
to that effect. Further, they submit that the witnesses for the petitioner/respondent do
not state to whom the cards were issued and how many cards were confiscated.
CAMPAIGNING OUT OF TIME
Counsel for the appellants contend that the petitioner/respondent made general
allegations of election malpractices committed by the 2nd appellant and/or his agents.
They submit that the particulars of these allegations were neither contained in the
petition nor its supporting affidavits.
Counsel contend that Lovincer Mugabe belatedly alleged in his affidavit that while at
Kiwumu polling Station, as an agent of the respondent, she heard the Presiding
Officer, Mubiru Bumbakali telling, several times that the NRM Bus appears near the
2nd appellant’s picture and that they should tick there. The allegation was denied by
Mubiru Bumbakali. He stated that he was busy with his work as a Presiding Officer
and he did not tell anyone to vote for the 2nd appellant.
Counsel submit that
Mubiru’s evidence was rejected. Counsel further submit no single voter who was
told to look for the 2nd appellant was named.
Baganja Bernard alleged that he was the agent of the respondent at Nakanyi (A-M)
Polling Station and saw 2nd appellant’s agents approaching voters before they could
join the line and tell them vote the 2nd appellant. Counsel contend that the said
agents are not named nor are the voters named.
That not withstanding, the
allegations were denied by Sentongo Fathirlar but his evidence was rejected.
Lamula Bukenya, according to counsel for appellants, alleged that at Ntinda 1 Polling
Station, he heard Betty Kyambadde, a Polling Assistant, telling voters to vote the Bus
implying for the 2nd appellant. In rebuttal, counsel contend that although Betty
Kyambadde admitted that she was a Polling Assistant at the Polling Station, she
denied the allegation.
Similarly, Sempebwa Robert also denied the allegation.
Counsel contend that the trial judge rejected their evidence despite the fact that no
voters were mentioned as having been told to vote the Bus.