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,
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“… 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
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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,
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these were 307 votes denied to the respondent.
17