5 After careful perusal of the DR Forms attached by the respondent and with particular reference to page 223 of the record, when I calculated the votes denied to the respondent, they add up to 402 and not 307. I have verified the above evidence of the returning officer which was accepted by the trial judge. 10 Even if the 402 votes are added to those polled by the respondent, the winning margin still remains too high. It was wrong to have added the number of the registered voters in the 17 polling stations to any of the candidates because that was speculation as to who voted for whom and it cannot be said that all 15 of them voted for only the respondent. Hence the trial judge erred when he added the total number of registered voters in the 17 polling stations to the respondent alone. I find like the trial court did, that the non–compliance did not affect the elections in a substantial manner. 20 In the result, I hold that the appeal has merit and succeeds. The judgment of the lower court and the orders made therefrom are set aside and in their place substitute an order dismissing the petition with costs. 25 Although the appeal for the second appellant also succeeds, the Electoral Commission did not show interest in prosecuting the appeal and was absent. The lower court and this court found noncompliance of the electoral law by the Electoral Commission. If the elections had been managed in accordance with the electoral laws mentioned in this judgment, there would have been nothing wrong with the results from the 17 polling stations; most probably the respondent would not have 30 challenged the results in court. While the respondent would have had a reasonable cause of action based on non-compliance, she is to blame for alleging acts of bribery by the appellant, which, she could not prove. I would in the circumstances order that the costs of the 1st appellant, be borne by the 2nd appellant and the 35 respondent, whereby, the Electoral Commission, shall pay 2/3 and the respondent 1/3 of the taxed costs here and below. Dated at Kampala this …03rd ….Day of…July….2012. 18

Select target paragraph3