THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT MBALE
I N THE MATTER OF THE PARLIAMENTARY ELECTIONS ACT
AND
IN THE MATTER OF PARLIAMENTARY ( ELECTION
PETITIONS) RULES
AND
IN THE MATTER OF THE PARLIAMENTARY ELECTIONS HELD
ON 18/02/20__
FOR WEST BUDAMA COUNTY SOUTH CONSTITUENCY
ELECTION PETITION ______OF 20__
BETWEEN
DR. OTIAM OTAALA EMMANUEL
AND
1. OBOTH MARKSONS JACOB
2. ELECTORAL COMMISSION
PETITION
(Under S.60 and 61 of the Parliamentary Elections Act
and the Parliamentary Elections(Election Petitions)
Rules
The Humble Petition of DR OTIAM OTAALA EMMANUEL of
C/O M/s Musamali& Co. Advocates, Plot 4 Colville Street,
Ebenezer (Uganda Bookshop) House, Suit No 3, P.O Box
25963, Kampala, whose name is stated at the foot of this
petition , swear and state as follows : that
1. Your Petitioner was a candidate in the above mentioned
Parliamentary Elections in West Budama County South
Constituency.
2. AND your petitioner states that the election was held on the
18th day of February 2011, when your
Petitioner ,ObothMarkson Jacob , Ochola Grace Mary,Oluka
John Paul and Ochwo Wilson Nyamoka were the candidates
in the said West Budama County South Constituency ; and
the Electoral Commission Returning Officer has returned
ObothMarkson Jacob as validly elected.
3. AND your humble petitioner states that::
(a) There was non-compliance on the part of the
2ndRespondent , with the provision of the Parliamentary
Elections Act relating to the conduct of a free and fair
elections and that such failure affected the results of the
said election in a substantial manner. Instances of non-
compliance were
(i) Contrary to Article 59 of the Constitution of the
Republic of Uganda, the 2nd respondent
disenfranchised the voters of Panyagasi Primary
School , Rubongi Secondary School ( in Rubongi Sub
county) Rugoti Church (in Mulanda Sub county)
Siwa Primary School , BendoNursury School and
Mawele Primary School ( in Nabuyoga Sub county);
polling stations from exercising their democratic
rights to vote and choose a person of their choice to
represent them in Parliament by failure to ensure
that conditions necessary for a free and fair polling
exercise exsisted thereby leading to the cancellation
of votes cast at those pooling stations totaling to
2,913 registered voters.
(ii) Contrary to S.1291)(e) of the Electoral Commission
Act, the 2nd respondent failed to take measures to
ensure that the entire electoral process is conducted
under conditions of freedom and fairness by failing
to deter and prevent the gangsters of the 1st
respondent from disrupting , beating and
intimidating the supporters and polling agents of the
Petitioner during voting ,counting and tallying of
votes.
(iii) Contrary to S. 12(1) (b) of the Electoral
CommissionsAct , the 2nd Respondent failed to
control the use of ballot papers whichled to multiple
voting , ballot stuffing and manipulation of the
voters register(s) in favour of the 1st Respondent.
(iv) Contrary to Sections 29(4) and 34(2) and (5) of the
Parliamentary Elections Act , the 2nd Respondent’s
officers and agents wrongly allowed persons whose
names did not appear on the voters roll and /or who
did not hold valid voters cards to vote.
(v) Contrary to S.30(4) and 32(1) of the Parliamentary
Elections Act, the Petitioner’s agents were denied
access to some of the polling areas /stations by the
1st Respondents’ agents in connivance with the 2nd
Respondent’s Officers during the polling and
counting exercise and therefore prejudiced the
petitioner’s right to safe guard his interest during
voting , counting and tallying of votes ; but at the
same time such conduct resulted into rigging in
favour of the 1st respondent.
(vi) Contrary to Section 31(2) of the Parliamentary
Elections Act , the 2ndRespondent’sofficer/ agent
failed to prevent multiple voting by allowing any
supporters of the 2nd Respondent to vote more than
once in favour of the 1st Respondent.
(vii) Contrary to Section 46(1) and (2) of the
Parliamentary Elections Act , the Officers of the 2nd
Respondent in connivance with the 1st Respondent
agents , denied some of the Petitioner’s agents
copies of the Declaration of Results from several
polling stations.
4. Your Petitioner avers that the 1st Respondent was personally
aware of the above anomalies which were done with his
knowledge and /or consent and further that he directly
benefited from the same.
(a) The 1st Respondent personally and /or through his
agents and with his knowledge and/ or approval or
consent committed the following illegal practice and
offences:
(i) Contrary to S.68(1) of the Parliamentary Elections
Act ,the 1st Respondent directly and through his
agents bribed voters.
(ii) Contrary to S.24(a) of the Parliamentary Elections
Act , the 1st Respondent interfered with
electioneering activities.
(iii) Contrary to S.78(d) of the Parliamentary Elections
Act , the 1st Respondent and /or his agents willfully
prevented some voters from voting well aware that
those voters were eligible to vote.
(iv) Contrary to S.80 (1)(a) and 2(a) of the Parliamentary
Elections Act , the 1st respondent used undue
influence during the campaigns and on the polling
day throughout the constituency by use of recruited
and trained militia groups to intimidate the
Petitioners supporters and caused fear to others to
vote him or refrain from voting for the Petitioner.
(v) Contrary to S.25(1) of the Parliamentary Elections
Act , the 1st Respondent unlawfully used motor
vehicle No UAG 200J during and for the purpose of
his campaigns.
5. The Petitioner contends that all the above illegal practices
and offences were committed by the 1st Respondent and /or
his agents and supporters with his knowledge , consent and
the 1st Respondent is liable for all these offences and illegal
practices.
6. This Petition is supported by the Petitioners affidavit,
together with other affidavits of various deponents to be
filed herein
WHEREFORE, your Petitioner humbly prays that this
Honorable Court be pleased to declare that :
(a) The 1st Respondent was validly elected as a directly
elected Member of West Budama County South
Constituency.
(b) The Election of the 1st Respondent as directly elected
Member of Parliament be annulled and a by election be
conducted in the said Constituency.
(c) The Respondents pay costs of this Petition.
(d) Such other remedies available under the electoral laws
as the court considers just and appropriate in the
circumstances.
DATED at Kampala this ____________________ day of _______________
2016.
___________________________
PETITIONER
BEFORE ME
________________________
COMMISSIONER FOR OATHS
_____________________________
COUNSEL FOR THE PETITIONER
THE ADDRESS OF THE PETITIONER’S ADVOCATE IS M/S. MUSAMALI &
CO ADVOCATES PLOT 4 COLVILE STREET, EBENEZER (UGANDA
BOOKSHOP) HOUSE, SUITE NO.3 P.O BOX 25963, KAMPALA.
