5

envelopes containing Declaration of Results Forms (DR Forms). For that reason also, results from
those 15 polling stations could not be ascertained.

Aggrieved by the results of the election, the respondent petitioned the High Court at Mbale which
petition was heard at Tororo and allowed. The election was nullified and a new election ordered.
10

Being dissatisfied with the said decision, the 1st appellant appealed to this court on four grounds
which during conferencing culminated in the following issues:

1. Whether or not the bribery allegations proved against Onyango Obbo alias Jacob
15

Obbo, an agent of the appellant, was with her knowledge, consent and
approval.

2. Whether

there

was

disenfranchisement

of

voters,

and

if

so,

such

disenfranchisement of voters affected the results in a substantial manner.
20

3. Whether on the finding of the trial judge, the appellant was entitled to costs in the
court below.
4. Whether the appellant is entitled to any remedy.
25

At the hearing, Mr. Babigumira Blaze appeared for the appellants while Mr. Ambros Tebyasa, Mr.
Candia Alex and Mr. Owundo Wandera appeared for the respondent.

Submissions for the appellants.
30

Counsel for the appellants adopted the brief facts in his scheduling notes.
On the 1st issue of bribery, he submitted that the offence has 3 ingredients. The trial judge found an
incidence of bribery to Agnes Ochwo by Onyango Obbo an agent of the appellant. All she told
court was that she was going to vote and that she voted. The Trial Judge never considered if Ochwo
was a registered voter. Counsel cited the case of Col. (Rtd.) Dr. Besigye Kizza V. Museveni

35

Kaguta & Anor, Election Petition No. 1 of 2001 in which B. Odoki , CJ enlisted the 3 ingredients
of bribery as being:-

1. A gift was given to a voter,
2. The gift was given by a candidate or his agent and that
2

Select target paragraph3