5 HON. A. S NSHIMYE, JUSTICE OF APPEAL 10 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 15 judgment. The 1st appellant Achieng Sarah Opendi retains the seat of Woman Member of Parliament for Tororo District. A.E.N.Mpagi-Bahigeine 20 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 25 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). 30 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 35 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 40 bribe to Agnes Ochwo with the knowledge and approval of the 1st appellant. 19

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