Museveni ashinda kesi ya Uchaguzi.

Bilionea Asigwa

JF-Expert Member
Sep 21, 2011
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Mahakama nchini Uganda imetupilia mbali kesi ya kupinga matokeo ya Urais nchini Uganda, matokeo yaliyompa ushindi Museveni na kuwa Rais wa awamu nyingine tena.
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Court finds that Museveni was validly elected. Petition is dismissed with no orders to costs.

1. Assertion of voting without opening ballot boxes was not supported by any evidence so it was not proved.

2. Evidence on record show that returning officers opened envelopes where not all DR forms were received .

3. Petitioner's agents being chased, we find it lacking & with no evidence to back it up since the agents signed on DR forms. In some cases the petitioner's polling agents were indeed denied information at polling stations.

4. There was no evidence to back claims that anybody ineligible to vote actually voted as alleged by the petitioner.

5. On multiple voting. Two of petitioners affidavits are based on hearsay. Therefore no evidence to back the claims

6. Claim of polling before and after time had no concrete evidence.

7. Evidence in affidavits before court doesn't prove there was pre ticking of votes anywhere.

8. EC did not comply with its duty in failing to deliver voting material in time. It was a sign of gross incompetence.

9. The petitioner blamed the late delivery of voting materials to some polling stations on EC. EC in defence- voting was extended to 7:00pm.

10. EC in defence submitted that not only the BVVK machine was used but the voter's ID, national ID and the Voter's register. The petitioner submitted that EC used the unreliable BVVK to identify voters which was slow thus affecting the process.

11. EC also submitted that the constitution allows them to use National ID data to compile, maintain & update voter's register, EC went ahead to submit that they compiled, maintained and updated the voter's register as guided by the constitution.

12. EC submitted that the extension of nomination deadlines wasn't intended to favor any candidate as alleged by the petitioner.

13. The petitioner alleged that EC illegally nominated the 1st respondent. EC denied this basing on Lumumba's affidavit.


Source: Daily Monitor
 
THURSDAY, 31 MARCH 2016 05:52 INDEPENDENT REPORTER



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(L-R) Supreme Court Justices: Jotham Tumwesigye, Kisaakye Esther, Augustine Nshimye and Rubby Aweri Opio. INDEPENDENT/JIMMY SIYA

*** NEWS JUST IN IS THAT THE PRESIDENTIAL ELECTION PETITION HAS BEEN DISMISSED

CHIEF JUSTICE: " Museveni was dully declared president and petition is dismissed."

Below, is why...

LIVE: Rulings (via @IsaacImaka)

  1. Electoral Commission legally nominated Museveni as candidate.
  2. Court finds that Electoral Commission acted in its Constitutional mandate. There was a national voters register.
  3. EC complied with law when it used the National ID cards to identify voters instead of the voters cards.
  4. The use of biometric machines did not constitute non compliance to the elections act and didn't disenfranchise voters
  5. The assertion of voting without opening ballot boxes was not supported by any evidence in court so it was not proved.
  6. The claim of lack of secret voting in some areas was not proved.
  7. Evidence in affidavits before Supreme court does not prove there was pre-ticking of votes anywhere.
  8. Claim of polling before and after time had no concrete evidence
  9. There was no evidence to back claims that anybody ineligible to vote actually voted.
  10. On pre-ticked ballots in favour of Museveni, court says they found the rebuttal more credible than the submitted evidence
  11. Petitioner didn't adduce evidence to back claims that some of his agents and supporters were stopped from voting.
  12. In some cases the petitioner's polling agents were indeed denied information.
  13. There is no satisfactory evidence that voters cast their vote before or after voting time save for a few parts as explained by EC's Kiggundu.
  14. Evidence on record shows returning officers opened envelopes... and there was no noncompliance with ECA.
  15. The EC could use Electronic transmission of results and that can't constitute noncompliance.
  16. The allegation regarding electronic transmission of results is not non compliance bse EC can use electronic means to transmit results
  17. Based on documents in court, the results declared by EC were based on tally sheets submitted by returning officers.
  18. The EC could use Electronic transmission of results and that can't constitute noncompliance.
  19. We didn't observe major discrepancies in the results submitted by district POs and those announced by EC.
  20. EC didn't provide credible explanation why results from (over)1000 polling stations had not been transmitted by time of announcing
  21. We have found that the petitioner had failed to prove that their was noncompliance in the transmission and announcing of results.
  22. Reports by ACME show that New Vision gave a fair coverage to all presidential candidates.
  23. It is true UBC failed to give fair coverage to presidential candidates but that compliance was by UBC and not EC.
  24. CJ proposes law reforms so that Public media can punished if they fail to offer equal coverage to all presidential candidates.
  25. In the absence of evidence of intimidation, mere presence of police and army near polling stations is lawful.
  26. The credibility of the "ki-face group" as witnesses of the petitioner is questionable so information provided by them is doubtable.
  27. No evidence to associate M7 with intimidation of Amama's supporters.
  28. We are satisfied that results used by EC to declare winner were the same as those submitted by POs. Amama fails to discharge burden.
  29. We are not satisfied that the noncompliance affected results in substantial manner.
  30. Museveni didn't engage in bribery of voters when he gave out hoes.
  31. Museveni didn't engage in bribery when money as dished out to NRM offices around the country.
  32. Amama didn't adduce evidence to show that the anus of the leopard line was meant to threaten him and Besigye.
  33. Kagina and Musisi never campaigned for Museveni but appeared on rallies as public servants.
  34. Amama didn't lay any ground for a recount in 45 districts.
  35. We agree with AG that rules as they stand do not envisage him being respondent to petition.
  36. Supreme Court unanimously dismisses Presidential Petition. Declines to give costs.
  37. Full judgment will be given not later than 90 days.


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Kwani walitegemea nini, hii ni Afrika na demokrasia tunaifanya kiafrika, watukome....hehehe!! Burundi, Zanzibar and so on.
 
Kwani walitegemea nini, hii ni Afrika na demokrasia tunaifanya kiafrika, watukome....hehehe!! Burundi, Zanzibar and so on.
Na soon tunamrudisha kwa nguvu mtoto wa Mwasisi wa Taifa tukufu E.Africa pale KE
 
Na soon tunamrudisha kwa nguvu mtoto wa Mwasisi wa Taifa tukufu E.Africa pale KE

Duh! Naomba sana ashinde kwa njia za haki, maana kwa jinsi hawa Wazungu wamekomaa na Tanzania leo na juzi, inaogopesha kiaina. Nchi kumi zinazowafadhili zote zimejitoa, na wengine wapo njiani.
Ndio ni bora kwa nchi za Kiafrika kujitegemea, lakini pia inafaa kutendeka taratibu na sio kwa mpigo design inavyotendeka. Haswa kwa hizi nchi za Kiafrika maskini, kama huko Tanzania naskia mji wenu mkuu Dodoma kuna maeneo watu wanakula viwavi.

Babu Mugabe alijijitutumua lakini hatimaye keshainua mikono, hapa Kenya tumejizatiti haswa kwenye issue ya ICC, na pia kusimama dhidi ya ushoga hadharani mbele ya Obama, tulitegemea kukomolewa lakini naona kama walisita.
 
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