him, it was too late. He saw no bar to the 2nd respondent raising these objections.
As clearly indicated in the judgment prepared by my learned brother S.G Engwau JA,
this Court granted leave to file a consolidate Memorandum of Appeal in which
paragraph 1 reads;
“That the learned trial judge erred in law and fact
and denied the 2nd appellant Fair Trial when she
considered and relied on specific particulars of
alleged bribery not specifically pleaded in the
petition and its attached Affidavit to make findings
that
during
the
Parliamentary
committed
conduct
Elections,
illegal
of
the
practices
Mukono
2nd
and/or
North
Appellant
offences
personally or by his agents with his consent,
knowledge or approval.”
In the issues which were framed by both counsel for the parties for determination by
the Court, issue 4 thereof captures the substance of the above ground in the following
words.
“4 Whether the learned trial judge denied the 2nd
appellant a fair trial when she considered and relied
on particulars of alleged bribery not specifically
pleaded in the petition.”
Those two paragraphs, to my mind, offer a proper foundation for the 2nd respondent
to raise the objections he raises. Further, our careful perusal of the record reveals to
us that in fact, counsel for the 2nd respondent raised substantially similar objections at
the trial.
At page 312 of the record the following passage is found:
“2.30 Pm BYENKYA (contnd)
BRIBERY-7(a) C/S 68(i) PEA
i)
these allegations of bribery are not properly pleaded as
required by the law. See Article 4(8) of PEA Rules.
The petition shall be accompanied by an affidavit and
list of documents to be relied on.