Polling day that their stations were non-existent is proved.
The Court is satisfied from their evidence that they were denied the
opportunity to vote for their candidate namely the Petitioner as a
result of the removal of the two Polling stations by the 2nd
Respondent”.
The above assessment by the learned trial judge, according to counsel for the
appellants, is erroneous.
First of all, appellants’ counsel pointed out that it is
inconceivable to believe that all persons alleged to vote at the said polling stations
were only and only the petitioner’s supporters. In their view, if the above allegations
were to be taken to be true, even the 2nd appellant’s supporters too were denied the
same opportunity to vote.
Secondly, it is their contention that the mere being in possession of voters’ cards that,
had been issued in the previous voter’s Registration process was not enough to prove
that the said polling stations had been removed on the polling day.
Counsel
contended further that the said deponents did not show that during the display
exercise they went to cross check their names and to verify where they were supposed
to cast their votes from.
In paragraphs 4-7 of the affidavit of Badru Kiggundu, Chairman Electoral
Commission and was alluded to by the trial judge in her judgment, the 2nd
respondent/1st appellant had carried out an update of the Voters Register between
29th September 2005 and October 30th 2005.
According to counsel, the same
exercise was repeated between 22nd December 2005 to 17th January 2006 for
purposes of giving all eligible persons the opportunity to cross check the particulars of
their voter information in preparation for the election. Anomalies found would be
corrected and missing persons were included in the Register. In their view, this
evidence is credible and was not challenged at all.
Appellant’s counsel submitted further that the respondent’s evidence relied upon by
the trial judge on pages 9-10 of her judgment was lacking in material particular to
justify the finding of disenfranchisement of voters. In their view, most of these