Voter bribery cited

The High Court in Mubende has nullified the election results from Mityana Municipality following a petition by Judith Nabakooba, the Minister of Lands, Housing and Urban Development who challenged the victory of Joyce Bagala Ntwatwa as the Women’s Representative for Mityana.

While delivering his ruling on Friday, October 22, High Court Judge Emmanuel Baguma ordered by-elections to be carried out after proving that the defendant bribed voters.

“Upon finding that there is enough evidence in this petition to prove that the 2nd Respondent through her Agents, with her knowledge and consent or approval, committed the electoral offence of bribery and court makes the following Orders. The election of the 2nd 965 Respondent as Woman Member of Parliament for Mityana District Constituency is set aside. b) A by-election is ordered to be held in Mityana District Constituency for the Woman Member of Parliament.” the Judgement reads in part

Voter bribery cited

“In conclusion, court finds that on a balance of probabilities the Petitioner has adduced sufficient evidence to prove that the 2nd Respondent through her agents, with her knowledge or consent and approval, committed the alleged Electoral Offence of bribery.”It further states

Nabakooba, who came in second place in the recently concluded elections, dragged the electoral commission and rival Bagala to court citing massive irregularities in the electoral process. Bagala polled 64,633 votes, while Nabakooba (the Petitioner) polled 48,322 votes.

In her petition, Nabakooba stated that Bagala bribed locals voting, facilitated multiple voting, impersonation of voters and led unregistered persons to vote. She also said the EC faulted her on her part by declaring valid votes invalid and obstructing voters among others.

She alleged a number of irregularities, non-compliance with the law and electoral under the provisions of the Constitution of the Republic of Uganda 1995, the Parliamentary Elections Act 2005, and Electoral Commission Act Cap 140, and that the non-compliance affected the results in a substantial manner.

The Petitioner filed a total number of 91 affidavits in support of her Petition.

Bribery allegations against the 2nd respondent:

i. Nabulya Ruth PW7 a Polling Assistant at King Faisal (ND-Z) Polling station

stated that on 14th 770 January 2021, the Presiding Officer of King Faisal (NDZ) gave her 30,000/= as a deal to help unregistered voters of the 2nd Respondent to vote. That she also witnessed coordinators giving out masks and money telling voters to vote the 2nd Respondent.

ii. Namaganda Pauline PW 8 a Presiding Officer at Busimbi Gombolola area (AL-Z) Polling station stated that on 14th 775 January 2021, she witnessed many Agents of the 2ndRespondent giving out money to voters telling them to vote the 2nd Respondent.

iii. Nsamba Emmanuel PW 78 a Presiding Officer at Busimbi/Kasimbi (O-Z) Polling station stated that on 14th January 2021, he witnessed coordinators of the 2nd 780 Respondent who brought food and drinks for the Agents and also gave voters encouraging them to vote the 2ndRespondent.

iv. Mwanje Francis PW47 a registered voter and Ward Supervisor at Kabule R/C Primary School Polling station stated that he was given money by the 2 nd Respondent to give voters to vote for her and he gave the money to 31 785 Kawesi Sam, Walugembe David, Nyanzi Joseph, Muchume Andrew and other registered voters. Mwanje Francis PW47 was not subjected to crossexamination on alleged allegations of bribery and nor was proof brought that Kawesi Sam, Walugembe David, Nyanzi Joseph, Muchume Andrew were registered voters. 790

v. Kalema Bonny PW4. As noted above, Francis Butebi Sembusi has been mentioned adversely by several witnesses including PW4 Kalema Bonny a registered voter who was bribed with 300,000 by Butebi and used some of it to bribe others as well; PW2 Nakaggwa Annet a Polling Assistant at 795 Kabuwambo HC Polling Station who saw Butebi known to her as an Agent of the 2nd Respondent leading a group of people engaged in unauthorized voting; PW11 Alumaiya Annet who was given 10,000 by Butebi, whom she knew as a father of the area MP Francis Zaake. That Butebi facilitated her to vote whereas she was not a registered voter; PW85 VARITINO SEBWARIDA stated that he was an Agent of the 2nd 800 Respondent and was given 200,000 by Butebi to distribute to the voters.