5
that the evidence before court proved to court’s satisfaction that
Onyango Obbo, an agent of the 1st respondent gave out money to
voters and in particular to Agnes Ochwo at or near Akadot Primary
School in order that she should vote for and she indeed voted for
the 1st respondent…”
10
Counsel for the appellant rightly referred us to the case of Col. (Rtd). Dr. Besigye Kizza V.
Museveni Yoweri Kaguta & Anor. Election Petition (supra) No. 1 of 2001, which outlined the 3
ingredients of the offence of election bribery. There ought to be evidence that;
15
- A gift was given to a voter,
- The gift was given by a candidate or his agent and that
- It was given with the intention of inducing the person to vote.
Agnes Ochwo’s affidavit appears on page 106 of the record of appeal.
20
In paragraph 2, she stated:“That on 18th February 2011, I got up early in the morning to go to Akadot Primary School
polling station to cast my vote”.
25
In paragraph 3:
“That when I was nearly reaching the said polling station, I met Onyango Obbo, an agent of
Sarah Achieng Opendi giving out money to people who were going to vote with instructions to
30
vote for Sarah Achieng Opendi”.
In paragraph 4:
“That the said Onyango Obbo offered me Ug. Shs. 2000/= which he removed from a huge
35
bundle of 2000/= notes”.
In paragraph 5:
10