It was further contended by the appellants that the rules of natural justice
which require that a person be specifically informed of the allegations against
him/her and have an ample opportunity to give an explanation were
contravened. The 2nd appellant was given a very short time (20 days) to
respond to so many affidavits yet most of the witnesses were partisan and so it
was easy to get them. According to the appellants, the rules of natural justice
not only do they require that a person be informed of specific allegations
before him/her but he must also be given ample time to explain his case.
In support of their argument, the appellants relied on the decision of DE
SOUZA vs TANGA TOWN COUNCIL [1961] EA 377 where the former
Court of Appeal for East Africa held:“If the principles of natural justice are violated in respect of any
decision, it is indeed immaterial whether the same decision would
have been arrived at in the absence of the departure from the
essential principles of justice that decision must be declared to be no
decision”.
It was further contended for the appellants that even if the particulars of the
alleged bribery were properly pleaded, they were not proved at all. It is
settled law that the burden of proof lies on the petitioner to prove his/her case
to the satisfaction of the Court. In the case of Amama Mbabazi & Anor vs
Musinguzi Garuga, Election Petition Appeal No.12 of 2002, it was held, inter
alia, that:
“There can be no doubt that the allegation of bribery by a
candidate in an election process is a serious matter.
It
requires cogent evidence to prove it. In the instant case,
there was assertion and denial.
There was no
independent evidence to corroborate the allegations”.
In the current appeal, the appellants submit that even if the particulars of the alleged
bribery were properly pleaded, they were not proved at all by the respondent.