reasons:
i)
Declaration of Results Forms given to the candidates through their
agents are as genuine as the Declaration of Results Forms sealed in
the box or kept by the Commission as envisaged by the provision of
section 50(1) (d) of the Parliamentary Elections Act.
ii)
Counsel for the appellants are basing their argument on what they
call “normal practice”, but they do not cite any law to that effect, as
far as Mr. Lukwago is concerned. In counsel’s view, such practice
does not supersede the express provision of S.50(1)(d) of the
Parliamentary Elections Act.
iii)
Mr. Lukwago pointed out that it was agreed by all parties at the
commencement of the trial that all documents on record were
admitted and no question as to the source was raised. In his view, it
is not legally tenable to raise a question of admissibility at this stage
of appeal.
iv)
Further more, Mr. Lukwago pointed out that some Declaration of
Results Forms were adduced by the appellants’ witnesses, for
example: Sonde, Ntinda II and some others were confirmed and
indeed adopted by the witnesses such as Beebwa Evasy (Kyungu),
Sempebwa Robert (Ntinda II) and Makki Ibrahim (Returning
Officer).
The appellants further contend that whatever errors on the Declaration of Results
Forms concerning the accountability of votes did not affect and/or change the number
of votes polled by the candidates at the various polling stations. This argument,
according to Mr. Lukwago, implies that counsel for the appellants concede that the
trial judge was right to find as a fact that the Declaration of Results Forms were not
accurate, which amounted to a breach of electoral laws.
As regards the contention that errors did not affect or change the number of the votes
polled by the candidates at the various stations is, according to Mr. Lukwago,
redundant as it is not supported by the evidence on record. In his view, the electoral
laws give no room for polling officials to make false returns or inaccurate
accountability of ballot papers and results.
Therefore, the trial judge properly