conduct of Mukono North Parliamentary Election, the 2nd
appellant committed illegal practices and/or offences personally or
by his agents with his consent, knowledge or approval.
2. That the learned trial Judge erred in law and fact when she failed
to properly evaluate the evidence presented before her and as a
result came to wrong decisions that during the conduct of
Mukono North Parliamentary Election –
a) The 2nd appellant committed illegal practices and/or
offences personally or by his agents with his consent,
knowledge or approval.
b) The 1st appellant’s agents connived with the 2nd
appellant’s agents to commit electoral malpractices to the
detriment of the respondent.
c) The 1st appellant had disenfranchised voters who were
registered to vote at Gwafu I and Gwafu II polling stations
and other polling stations that affected the result in a
substantial manner.
d) The 1st appellant’s agents forged election results.
e) The Declaration of results forms and tally sheet showed that
there were ballot papers that were not accounted for.
f) No sufficient light was provided by the 1st appellant.
g) She shifted the burden of proof onto the appellants.
h) There was non-compliance of the provisions and principles
with the Parliamentary Elections Act and the Electoral
Commission Act which substantially affected the conduct of
the Parliamentary Election of Mukono North Constituency.
Counsel for the appellants and respondent framed the following issues for
determination:
1. Whether the election of the 2nd appellant was conducted in compliance with
the provisions of the Constitution, the Parliamentary Elections Act 2005, the
Electoral Commission Act and in accordance with the principles laid down
in the said laws.