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HON. A. S NSHIMYE,
JUSTICE OF APPEAL
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JUDGMENT OF A.E.N.MPAGI BAHIGEINE, DCJ
I agree with the reasons by my brother A.S.Nshimye, JA and wish to add nothing.
Since my brother R.Kasule, JA also agrees, the appeal succeeds with orders as stated in the lead
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judgment.
The 1st appellant Achieng Sarah Opendi retains the seat of Woman Member of Parliament for
Tororo District.
A.E.N.Mpagi-Bahigeine
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Deputy Chief Justice
03/07/12
JUDGEMENT OF REMMY. K. KASULE, JA
I have had the benefit of reading in draft the judgment of my brother A.S. Nshimye and I too agree
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that this appeal must succeed.
There was hardly any evidence adduced before the trial court that the 1st appellant authorized,
consented to, let alone was in any way aware that her agent Onyango Obbo alias Jacob Obbo was
bribing any registered voter(s).
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The evidence of Agnes Ochwo, a respondent’s witness that she received the money from Onyango
Obbo, the agent of the 1st appellant, and there and then she (Agnes Ochwo) switched from voting
for a candidate of her choice and voted for the 1st appellant, was very suspicious, to say the least.
She gave no plausible explanation for her deplorable conduct if at all this was the truth. She did not
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also report this alleged bribe to any officials conducting the elections or the Police, who were
readily available which, too, was very strange.
In the circumstances the learned trial judge was not justified to hold that the only inference to be
drawn from the evidence that was before him on this point was that Onyango Obbo paid the alleged
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bribe to Agnes Ochwo with the knowledge and approval of the 1st appellant.
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