was not scheduled to campaign there on that day. He availed a letter (ANNEX
IN2) that confirms that the electrification of Soweto area was a government
programme that he participated in as area MP, not an act of inducement by
him to voters……….”
The learned trial judge did not subject the evidence to evaluation in order to find
which evidence required corroboration and which one did not. There was
evidence which I have already evaluated regarding welding and compressor
machines. This evidence alleged that it was the appellant who personally
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handed over these machines. It was thus important to look at the entire evidence
before concluding as she did that all charges of illegal practices were not proved
conclusively. This issue would succeed.
On the burden and standard of proof Mr Kyazze submitted that the standard of
proof is on the balance of probabilities according to section 61(3) of the PEA
and the decision of the Supreme Court- Mukasa Anthony Harris v Dr Micheal
Lulume Bayiga- EPA No.18/07. He criticized the trial judge for adopting a
higher standard of proof and the authorities she relied upon were inapplicable to
the election petition. The authorities she relied upon were Dr Kiiza Besigye v
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Museveni Yoweri Kaguta (supra) and Karokora Katono Zedekia v Electoral
Commission &another. Learned counsel cited the case of Jugnauth v Raj
Direvium Nagaya Ringadoo [2008] UKPC 50 which discussed the standard of
proof in election petitions.
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