Inside details of Kyagulanyi’s Election petition

Opposition leader Robert Kyagulanyi has Monday successfully lodged his election petition in the Supreme Court in which he vehemently disagrees with results released by the Electoral Commission.

Kyagulanyi, the main challenger of President Yoweri Museveni, in his application contends that the election was rigged by the State security.

He claims that the election regulator- EC was never in charge of the process, but rather read cooked results submitted to the Chairman Justice Simon Byabakama.

Led by Medard Segona, Kyagulanyi will be presented by over 5 lawyers who jointly drafted the petition.

They include; Lukwago & Co. Advocates, PACE Advocates, Sewankambo & Co. Advocates, Wameli & Co. Advocates and Kiwanuka, Kanyago & Co. Advocates.

FULL PETITION

 THE REPUBLIC OF UGANDA

IN THE SUPREME COURT OF UGANDA AT KAMPALA

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS ACT, 2005 (AS AMENDED)

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS (ELECTION PETITIONS) RULES

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS HELD ON THE 14^TH DAY OF JANUARY 2021

PRESIDENTIAL ELECTION PETITION NO. ……………. OF 2021

 

KYAGULANYI SSENTAMU ROBERT :::::::::::::::::::::  PETITIONER

-VERSUS-

1. YOWERI MUSEVENI TIBUHABURWA KAGUTA}
2. ELECTORAL COMMISSION}
3. ATTORNEY GENERAL } ::::::::::::::::::::::::::::::::   RESPONDENTS

NOTICE OF PRESENTATION OF PETITION

TO:

1. YOWERI MUSEVENI TIBUHABURWA KAGUTA
2. ELECTORAL COMMISSION
3. ATTORNEY GENERAL

TAKE NOTICE THAT KYAGULANYI SSENTAMU ROBERT has filed a Petition against you in Court.

YOU ARE HEREBY required to file an answer within Ten (10) days after the Petition has been served on you.

SHOULD YOU FAIL to file the answer on or before the date above mentioned, the petitioner may proceed with the Petition, which may be determined in your absence.

GIVEN under my HAND AND SEAL of this Honorable Court this…………day of………………………………….2021

____________________________

REGISTRAR

Jointly Drawn and Filed By;

Lukwago & Co. Advocates,             

1^st Floor, Media Plaza Building,

Plot 78 Kira Road, P.O. Box 980,

Kampala.

AND;

 PACE Advocates,

2^nd Floor, Interservice Towers,

Plot 33 Lumumba Avenue

P.O Box Kampala.

AND;

Sewankambo & Co. Advocates

Plot 2 Bombo Road, Plot 8-10,

5^th Floor,Uganda House Kampala Road

P.O Box 2489, Kampala.

AND;

Wameli & Co. Advocates

Plot 43, Bombo Road

Suite Nos 13, 14 & 15

KM Plaza, Wandegeya,

P.O Box 34796, Kampala.

AND;

Kiwanuka, Kanyago & Co. Advocates

Plot 2 Bombo Road, City Apartments

P.O Box 30055, Kampala.

 

THE REPUBLIC OF UGANDA

IN THE SUPREME COURT OF UGANDA AT KAMPALA

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS ACT, 2005 (AS AMENDED)

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS (ELECTION PETITIONS) RULES

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS HELD ON THE 14^TH DAY OF JANUARY 2021

PRESIDENTIAL ELECTION PETITION NO. …………..……. OF 2021

KYAGULANYI SSENTAMU ROBERT :::::::::::::::::::::  PETITIONER

-VERSUS-

1. YOWERI MUSEVENI TIBUHABURWA KAGUTA}
2. ELECTORAL COMMISSION}
3. ATTORNEY GENERAL } :::::::::::::::::::::::::::::::   RESPONDENTS

 PETITION

The humble petition of KYAGULANYI SSENTAMU ROBERT whose address of service for purposes of this petition is C/o M/s Lukwago & Co. Advocates, 1^st Floor Media Plaza, Plot 78, Kira Road, P. O. Box 980 Kampala whose names are stated at the foot of this petition showeth and states as follows;

1. Your Petitioner is a person who was a candidate at the above-mentioned Presidential election on the ticket of and under sponsorship of the National Unity Platform, a duly registered political party operating under the Laws of Uganda.
2. The Presidential election was held on the 14^th day of January 2021, where the petitioner, together with Amuriat Oboi Patrick, Kabuleta Kiiza Joseph, Kalembe Nancy Linda, Katumba John, Mao Nobert, Mayambala Willy, Mugisha Muntu Gregg, Mwesigye Fred, Tumukunde Henry Kakurugu and Yoweri Museveni Tibuhaburwa Kaguta, were candidates and the 2^nd Respondent returned Yoweri Museveni Tibuhaburwa Kaguta (1^st Respondent) of the National Resistance Movement as elected and the results were declared by the 2^nd Respondent on 16^th January 2021 as follows;

Candidates’                            Number of        Percentage

Name                                               Votes for each  of total valid

Candidate         votes cast

 

3. Amuriat Oboi Patrick   323,536                      3.24%

 

1. Kabuleta Kiiza Joseph,  44,300                        0.44%

 

1. Kalembe Nancy Linda,  37,469                          0.38%

 

1. Katumba John, 35,983                                        0.36%

 

34. Kyagulanyi Ssentamu Robert,      3,475,298    34. 83%

 

1. Mao Nobert, 55,665                                                 0.56%

 

1. Mayambala Willy, 14,657                                      0.15%

 

1. Mugisha Muntu Gregg, 65,334                         0.65%

 

1. Mwesigye Fred,            24,673                            0. 25%

 

1. Tumukunde Henry Kakurugu, 50,141                 0.50%

 

1. Yoweri Museveni Tibuhaburwa

           Kaguta,                                               5,851,037          58.64%

 

3. Your Petitioner is aggrieved by the election and declaration by the 2^nd Respondent of the 1^st Respondent as President of the Republic of Uganda and states that the 1^st Respondent was not validly elected.
4. The Petitioner states that the election was invalid on grounds that it was not conducted in accordance with the principles laid down in the provisions of the Constitution of the Republic of Uganda, the Presidential Elections Act, the Electoral Commission Act, other relevant laws and that the non-compliance affected the results in a substantial manner, to wit;
5. Contrary to Articles, 61 and 119 of the Constitution of the Republic of Uganda, the 3^rd Respondent neglected and/or refused to amend or cause amendment to the relevant laws which would ensure a free and fair election as directed by this Honourable Court in Presidential Election No. 01 of 2016; John Patrick Amama Mbabazi versus Yoweri Kaguta Museveni, Electoral Commission and Attorney General.
6. Contrary to Articles 45 and 61 of the Constitution of the Republic of Uganda, Section 12 (1) (e) and (f) of the Electoral Commission Act; the East African Community Treaty; the African Charter on Democracy, Elections and Governance; and the International Covenant on Civil and Political Rights, the second Respondent failed and/or neglected to cause amendment to the relevant laws which would ensure a free and fair election as envisaged by the Constitution of the Republic of Uganda.
7. Contrary to the principle of universal adult suffrage as enshrined under Articles 1, 2, 8A, 20(2), 38, 59, 61 and 103 (1) of the Constitution of the Republic of Uganda; S. 12 (e), (f) and (g) and S. 18 (1) of the Electoral Commission Act; S. 59 (6) of the Presidential Elections Act; the East African Community Treaty; the International Covenant on Civil and Political Rights; and the African Charter on Democracy, Elections and Governance, the 2^nd Respondent failed and, or neglected its duty;

• to take all necessary steps to ensure that all citizens qualified to vote, as envisaged by the national identification data base, register and effectively exercise their right to vote in the impugned elections.
• to properly compile, maintain and update an accurate and clean voters’ register
• to ensure active participation of all Ugandan adults in the impugned elections so as to comply with the principle of universal adult suffrage as enshrined in the Constitution of the Republic of Uganda and other relevant laws.
• to ensure adequate voter education as required by the law.

1. Contrary to Articles 1, 2, 8A, 20(2), 38, 59, 61 and 103 of the Constitution of the Republic of Uganda; S. 12 and S. 18 (1) of the Electoral Commission Act; S. 21 and S. 59 (6) of the Presidential Elections Act; the East African Community Treaty; the International Covenant on Civil and Political Rights; and the African Charter on Democracy, Elections and Governance, the 2^nd Respondent arbitrarily, irrationally and illegally, decreed a national election road map, mode of campaigning and other guidelines thereto without the participation of the petitioner and other stakeholders.
2. Contrary to S. 3 (1) and (2) of the Presidential Elections Act, officers of the Uganda Police Force and the Uganda Peoples Defence Forces (hereinafter referred to as UPF and UPDF, respectively), on several occasions and in several parts of the country, prevented the Petitioner from carrying out nation-wide consultations in preparation for his nomination as a Presidential candidate.
3. Contrary to Article 61 of the Constitution of the Republic of Uganda, Section 3(1) and (2) of the Presidential Election Act, Section 12 (1) (e) and (f) of the Electoral Commission Act, the 2^nd Respondent failed to take necessary steps to facilitate the Petitioner in undertaking his consultations.
4. Contrary to S. 12 (1) (e) and (f) of the Electoral Commission Act, the 2^nd Respondent failed and, or neglected to ensure secure conditions necessary for the conduct of the 2021 Presidential elections which occasioned systematic interruption and frustration of the Petitioner’s nomination, campaigns and election programmes.
5. Contrary to Sections 23 and 24 of the Presidential Elections Act the 2^nd Respondent arbitrarily and unlawfully issued campaign guidelines which hindered a free and fair campaign to the disadvantage of the Petitioner; and enforced the said guidelines selectively to favour the 1^st Respondent and his National Resistance Movement Organisation.

 

1. Contrary to Articles 1, 8A, 20 (2), 28, 29, 38 and 43 of the Constitution of the Republic of Uganda; S. 21 of the Presidential Elections Act and Ss. 12 (1) (e) and (h) and 50 of the Electoral Commission Act, through a press statement dated 26^th December 2020, the 2^nd Respondent arbitrarily, irrationally and indefinitely banned election campaign meetings in Kampala Capital City, the Districts/Cities of Jinja, Kabale, Kalungu, Masaka, Tororo, Luwero, Wakiso, Greater

Mukono (Buikwe, Buvuma, Mukono, Kayunga), Mbarara, Kabarole (Fort Portal City inclusive), Kasese and Kazo thereby frustrating the petitioner’s right to associate, assemble and interface with the Electorate.

1. Contrary to S. 32 of the Presidential Elections Act, the 2^nd Respondent failed in its duty to prevent;

• multiple voting in various parts of the country
• ballot staffing in various parts of the country

1. Contrary to Article 61 (1) (d) of the Constitution of the Republic of Uganda and S. 54 of the Presidential Elections Act the 2^nd Respondent failed to ascertain, transmit, tabulate and declare the actual results of the Presidential elections with transparency.
2. Contrary to Article 62 of the Constitution of the Republic of Uganda and Section 13 of the Electoral Commission Act, the 2^nd Respondent compromised its independence by subjecting its functions to the direction and control of the 1^st Respondent, state organs, agencies and security institutions.
3. Contrary to Articles 1, 20(2), 28, 38, 42, 43, 59 (3), 61 (a) and (b), 68 (1), 103 (1) of the Constitution of the Republic of Uganda; Ss. 12 (b), (c), (e), (f), (j) and (p) and 50 (3) of the Electoral Commission Act; Ss. 2(1), 57(2), 74 and 79 of the Presidential Elections Act, the 2^nd Respondent failed to control the distribution of polling materials thereby compromising the principles of equal suffrage, transparency of the vote, security and sanctity of the ballot.
4. Contrary to Ss. 23 (2) and 24 (4) of the Presidential Elections Act, and 12 (1) (e) of the Electoral Commission Act, the 2^nd and 3^rd Respondents failed to ensure freedom and fairness during the election when the Uganda Communication Commission switched off and, or caused the switching off of the internet and mobile money services thereby curtailing the free flow of information within the electorate and resource facilitation to agents of the Petitioner.
5. Contrary to Article 38 of the Constitution of the Republic of Uganda and S. 12 (1) (e) and (f) of the Electoral Commission Act, the general deployment across towns and villages across the country with unidentifiable military personnel armed with guns and armoured vehicles created a general atmosphere of fear and terror causing many persons to refrain from voting.
6. Contrary to Articles 1(4), 8A, 24 and 38 of the Constitution of the Republic of Uganda and the principle of peaceful elections and free expression, the 1^st Respondent has consistently, persistently and proudly been associated with electoral violence right from 1980, 1996, 2001, 2006, 2011, 2016 and 2021 elections; resulting into unfair elections and has proudly stated that the National Resistance Movement Organisation is the master of violence.

 

5. The Petitioner shall further aver and contend that the election was invalid on grounds that offences under the Presidential Elections Act were committed by the 1^st Respondent or with his knowledge and consent or approval and that, the entire electoral process was characterized by security agencies (UPDF and UPF) committing acts of murder, causing grievous harm, violence, abduction and intimidation against the Petitioner, his agents and supporters across the country as follows;

 

1. Contrary to Ss. 67 and 68 of the Presidential Elections Act, officers of the UPF jointly with officers of the UPDF wilfully and unlawfully obstructed the Petitioner at the Nomination Centre by pepper-spraying, brutalising and abducting him in an inhuman degrading manner.

 

1. Contrary to Ss. 23 and 24 of the Presidential Elections Act, officers of the UPDF and UPF unlawfully and unfairly obstructed and interfered with most of the Petitioner’s campaign programs in various parts of the country to the advantage of the 1^st Respondent and his National Resistance Movement Organisation.

 

1. Contrary to S. 70 of the Presidential Elections Act, officers of the UPF and UPDF, unlawfully blocked and disrupted the Petitioner’s manifesto launch at Kamwokya in Kampala and at Kakyeka stadium in Mbarara District by spraying teargas at the Petitioner and members of his campaign team.

 

1. Contrary to Ss. 24 and 70 of the Presidential Elections Act, the officers of the UPF and UPDF unlawfully disrupted the activities of the Petitioner’s manifesto launch when they illegally arrested members of the Petitioner’s organising team and confiscated campaign launch and branding materials including copies of his manifesto, masks, umbrellas, T-shirts, ribbons and balloons.

 

1. Contrary to Ss. 24, 26 and 70 of the Presidential Elections Act, the officers of the UPF and UPDF interfered with and disrupted the Petitioner’s campaigns and electioneering by confiscating campaign materials including T-shirts, berets, masks, ribbons, umbrellas, documents; and arresting his supporters for wearing his campaign materials and criminalising the same across the country.

 

1. Contrary to Articles 1, 8A, 20 (2), 22, 23, 24, 28, 29, and 38 of the Constitution of the Republic of Uganda; S. 67 (1) of the Presidential Elections Act and S. 12 (1) (e) (f) of the Electoral Commission Act, the Officers of the Uganda Police and the Military with the knowledge, consent and/or approval of the 1^st Respondent violently humiliated, maimed, inflicted grievous harm and excruciating pain onto the Petitioner, his agents and his supporters at various campaign meetings.

 

1. Contrary to Ss. 24 (5) (a) (i) (ii) (b) (d) (e) (f) and 69 of the Presidential Elections Act, the 1^st Respondent during the election, with intent to prevent the election of the Petitioner, made derogatory, reckless, malicious, sectarian, abusive, insulting, ridiculous, mudslinging false statements that the Petitioner has no ideological direction, that his supporters are stupid and that his candidature is influenced by external/ foreign forces.

 

1. Contrary to S. 76 of the Presidential Elections Act, the 1^st Respondent, through members of the armed Forces, Security agencies and Resident District Commissioners during the election period used force and violence against the petitioner, his campaign agents and supporters thereby exerting undue influence unto them to support the 1^st Respondent’s candidature as against the petitioner.

 

1. Contrary to Section 78 of the Presidential Elections Act, officers and members of the UPF and the UPDF, with the knowledge and consent /or approval of the 1^st Respondent through his chain of command, as commander in chief and without lawful excuse maliciously destroyed, mutilated, defaced and removed the petitioner’s posters and had them replaced with those of the 1^st

 

1. Contrary to Section 64 of the Presidential Elections Act, the 1^st Respondent, during the election personally and/or through other persons with his knowledge, consent and/or approval committed acts of bribery by providing or causing the provision of money and other gifts to voters with the intent to cause them to vote him or refrain from voting the petitioner.

 

6. This Petition is supported by the affidavit of the Petitioner verifying the grounds on which the petition is premised and other accompanying affidavits setting out the facts on which this Petition is based.

 

THEREFORE, your Petitioner prays that this Honourable Court be pleased to declare and, or order that;

 

1. The presidential election held on the 14^th day of January, 2021 was not held in accordance with the provisions of the electoral laws and the principles governing elections, which non-compliance affected the results of the election in a substantial manner.

 

1. The 1^st Respondent was not validly elected as the President of the Republic of Uganda.

 

• The election of the 1^st Respondent as President of the Republic of Uganda be annulled and set aside.

 

1. A fresh election be conducted in accordance with the law.

 

1. The 3^rd Respondent be directed again to cause amendment to the relevant electoral laws to comply with the observations, recommendations and directives of this Court in Presidential Election Petition No.1 of 2001; Rtd. Col. Dr. KiizaBesigye versus Y.K Museveni; Election Petition No.1 of 2006 Col. (Rtd) Dr. Besigye Kiiza V. Museveni Yoweri Kaguta & Electoral Commission and Presidential Election No. 01 of 2016; John Patrick Amama Mbabazi versus Yoweri Kaguta Museveni, Electoral Commission and Attorney General to enable internationally recognized principles of a free and fair election.

 

1. A permanent injunction doth issue restraining the Uganda Peoples’ Defence Forces and intelligence services from involving themselves and interfering with electoral processes in future.

 

• A permanent injunction restraining Resident District Commissioners from engaging in partisan politics and election matters.

 

• The Respondents pay the costs of this petition.

 

The Petitioner’s address of service for purposes of this petition is C/o M/s Lukwago & Co. Advocates, 1^st Floor, Media Plaza Building, Plot 78 Kira Road, P. O. Box 980, Kampala.

 

DATED at KAMPALA this ….… day of …………………….… 2021

_____________________________________

KYAGULANYI SSENTAMU ROBERT

(PETITIONER)

 

_______________________________________

(COUNSEL FOR THE PETITIONER)

 

Lodged in the registry of the court this….day of………………2021

 

_____________________________

REGISTRAR

 

 

To be served on;

 

1. Yoweri Museveni Tibuhaburwa Kaguta,

Kampala-Uganda

 

2. Electoral Commission

Plot 53/56 Jinja Road

Kampala-Uganda

 

3. Attorney General

Kampala-Uganda

 

JOINTLY DRAWN AND FILED BY;

 

Lukwago & Co. Advocates,             

1^st Floor, Media Plaza Building,

Plot 78 Kira Road, P.O. Box 980, Kampala.

 

AND;

 

PACE Advocates,

2^nd Floor, Interservice Towers,

Plot 33 Lumumba Avenue

P.O Box Kampala.

 

AND;

 

Sewankambo & Co. Advocates

Plot 2 Bombo Road, Plot 8-10,

5^th Floor,Uganda House Kampala Road

P.O Box 2489, Kampala.

 

AND;

 

Wameli & Co. Advocates

Plot 43, Bombo Road

Suite Nos 13, 14 & 15

KM Plaza, Wandegeya,

P.O Box 34796, Kampala.

 

AND;

 

Kiwanuka, Kanyago & Co. Advocates

Plot 2 Bombo Road, City Apartments

P.O Box 30055, Kampala. 

 

THE REPUBLIC OF UGANDA

 

IN THE SUPREME COURT OF UGANDA AT KAMPALA

 

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS ACT, 2005 (AS AMENDED)

 

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS (ELECTION PETITIONS) RULES

 

AND

IN THE MATTER OF THE PRESIDENTIAL ELECTIONS HELD ON THE 14^TH DAY OF JANUARY 2021

 

PRESIDENTIAL ELECTION PETITION NO. …………..……. OF 2021

 

 

KYAGULANYI SSENTAMU ROBERT :::::::::::::::::::::  PETITIONER

 

-VERSUS-

 

1. YOWERI MUSEVENI TIBUHABURWA KAGUTA}
2. ELECTORAL COMMISSION}
3. ATTORNEY GENERAL } :::::::::::::::::::::::::::::::   RESPONDENTS        

PETITIONER’S SUMMARY OF EVIDENCE

 

The Petitioner shall further adduce evidence at the trial to prove that the 1^st Respondent was not validly elected and that the 2^nd Respondent failed to conduct the elections in accordance with the Electoral Commission Act, the Parliamentary Elections Act and the principles governing elections which non – compliance affected the final results of the election in a substantial manner.

 

The petitioner shall further adduce evidence at the trial to prove that the 1^st Respondent during campaigns personally or with his knowledge and consent or approval committed illegal practices and other electoral offences.

 

LIST OF WITNESSES

 

1. The Petitioner
2. Deponents of affidavits in support of the petition
3. Others with leave of Court

 

LIST OF DOCUMENTS

 

1. All Annextures to the Petitioner’s affidavit in support of the Petition
2. Others with leave of Court

 

LIST OF AUTHORITIES

 

1. The Constitution of the Republic of Uganda, 1995
2. The Electoral Commission Act Cap. 140
3. The Presidential Elections Act, 2006
4. The Presidential Elections (Election Petition) Rules SI 141-2
5. Relevant Case Law.
6. Others with leave of Court.

 

DATED at KAMPALA this………day of…………..…………….2021

 

 

__________________________________________

COUNSEL FOR THE PETITIONER

JOINTLY DRAWN AND FILED BY;

 

Lukwago & Co. Advocates,             

1^st Floor, Media Plaza Building,

Plot 78 Kira Road, P.O. Box 980,

Kampala.

 

AND;

 

PACE Advocates,

2^nd Floor, Interservice Towers,

Plot 33 Lumumba Avenue

P.O Box Kampala.

 

AND;

 

Sewankambo & Co. Advocates

Plot 2 Bombo Road, Plot 8-10,

5^th Floor,Uganda House Kampala Road

P.O Box 2489, Kampala.

 

AND;

 

Wameli & Co. Advocates

Plot 43, Bombo Road

Suite Nos 13, 14 & 15

KM Plaza, Wandegeya,

P.O Box 34796, Kampala.

 

AND;

 

Kiwanuka, Kanyago & Co. Advocates

Plot 2 Bombo Road, City Apartments

P.O Box 30055, Kampala.