5 It was the respondent’s contention that the 2nd appellant failed to avail DR Forms for the respondent and her agents for verification, however, in the case of Kakooza John Baptist V. Electoral Commission & Anor. Supreme Court Election Petition Appeal No. 11 of 2007, Justice Kanyeihamba on pg. 14 stated that, 10 “… I do not agree that it is obligatory that each candidate or his or her election agent must first be supplied with or receive a copy of every declaration form before all the results are declared and validated…” 15 The learned trial judge should have considered that the total number of voters in those 15 polling stations was 7, 305 as compared to the wining margin of the appellant of 7, 679 without the said 15 polling stations. Even if all the voters in the 15 polling stations were to vote for the respondent which is impossible, still the appellant would have had a winning margin of 374 votes. 20 For the 2 polling stations whose results were cancelled, the respondent failed to adduce evidence showing how many of the 1115 registered voters cast their votes. And how many of these voted for her. This could be ascertained from the DR Forms which her polling agents must have signed and retained after voting and counting votes at the two polling stations. One imagining or thinking that 25 the respondent could have obtained more votes from these two polling stations than her 8 contestants so as to upset the clear and un doubtful wining margin of the appellant would be to say the least speculative. It was the contention of the returning officer that the results in the tally sheet were not correct. The 30 respondent attached DR Forms for Mission of Hope Polling station where she was shown as having 145 votes yet the tally sheet credited her with only 45 votes. At Akworot Polling station, the DR Forms showed the respondent as having 230 votes while the result tally sheet showed that she got only 30 votes. The DR Forms for Nyasirenge polling station showed the petitioner with 27 votes while the tally sheet gave her 20. In total the learned trial judge stated that, 35 these were 307 votes denied to the respondent. 17

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