Iam not persuaded by the case put forward by the 3rd respondent when it claims
that once it issues a certificate for one election, the certificate is valid for future
elections. This would tantamount to amending the law. Equating of academic
papers for purposes of elections is not a once life time exercise unless the law is
amended. The evidence on record prove that there was no consultation between
UNEB and the 3rd respondent on the totality of the 1st respondent’s academic
qualification before the issuance of the certificate dated 4 th August 2010. The
only inquiry which the 3rd respondent made with regard to the 1st respondent’s
academic papers concerned the authenticity of his ‘O’ certificate. UNEB replied
10
to that query. It stated that the ‘O’ level certificate was genuine. This inquiry in
my view did not satisfy the requirements of the law. There was no other
evidence showing the participation of UNEB in the equating exercise
The fourth issue of appeal would succeed.
I shall now consider the 5th ground of appeal on bribery.
Mr Tebyasa submitted on this ground on behalf of the appellant. He stated that
the allegations of bribery were proved on a balance of probabilities and the
learned judge was wrong to hold otherwise. In particular he pointed out that the
electricity connection was carried out during the campaigns. He claimed that the
20
1st respondent was a liar when he stated that he learnt about the electricity
connection during his door to door campaigns and that it was part of
Government programme.
16