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 14TH DAY OF JANUARY 2021

PRESIDENTIAL ELECTION PETITION NO. 01 OF 2021

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

-VERSUS-

1. YOWERI MUSEVENI TIBUHABURWA KAGUTA}

2. ELECTORAL COMMISSION}
3. ATTORNEY GENERAL } ::::::::::::::::::::::::::::::: RESPONDENTS

AMENDED 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, 1st 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;
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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 14th 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 2nd
Respondent returned Yoweri Museveni Tibuhaburwa Kaguta
(1st Respondent) of the National Resistance Movement as elected
and the results were declared by the 2nd Respondent on 16th
January 2021 as follows;

Candidates’ Number of Percentage

Name Votes for each of total valid
Candidate votes cast

a. Amuriat Oboi Patrick 323,536 3.24%

b. Kabuleta Kiiza Joseph, 44,300 0.44%

c. Kalembe Nancy Linda, 37,469 0.38%

d. Katumba John, 35,983 0.36%

e. Kyagulanyi Ssentamu Robert, 3,475,298 34.83%

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 f. Mao Nobert, 55,665 0.56%

g. Mayambala Willy, 14,657 0.15%

h. Mugisha Muntu Gregg, 65,334 0.65%

i. Mwesigye Fred, 24,673 0.25%

j. Tumukunde Henry Kakurugu, 50,141 0.50%

k. Yoweri Museveni Tibuhaburwa

Kaguta, 5,851,037 58.64%

3. Your Petitioner is aggrieved by the election and declaration by

the 2nd Respondent of the 1st Respondent as President of the
Republic of Uganda and states that the 1st 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;

a) Contrary to Articles, 61 and 119 of the Constitution of the

Republic of Uganda, the 3rd 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.
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b) 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.

c) 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 2nd Respondent failed and, or neglected its
duty;

(i) 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.

(ii) to properly compile, maintain and update an accurate

and clean voters’ register

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 (iii) 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.

(iv) to ensure adequate voter education as required by the

law.

d) 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 2nd 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.

e) 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.

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f) 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
2nd Respondent failed to take necessary steps to facilitate the
Petitioner in undertaking his consultations.

g) Contrary to S. 12 (1) (e) and (f) of the Electoral Commission

Act, the 2nd 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.

h) Contrary to Sections 23 and 24 of the Presidential Elections Act

the 2nd 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 1st Respondent and his
National Resistance Movement Organisation.

i) 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 26th December 2020, the 2nd 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

6
 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.

j) Contrary to S. 32 of the Presidential Elections Act, the 2nd

Respondent failed in its duty to prevent;

(i) multiple voting in various parts of the country

(ii) ballot staffing in various parts of the country

k) Contrary to Article 61 (1) (d) of the Constitution of the

Republic of Uganda and Ss. 54 and S. 56 of the Presidential
Elections Act the 2nd Respondent failed to ascertain, transmit,
tabulate and declare the actual results of the Presidential
elections with transparency;

i) Contrary to S 12 (1b) of the Electoral Commission Act as

amended, the 2nd Respondent refused or failed to put in
place an electronic display system at every tallying center
thereby denying the petitioner through his agents and
supporters the exchange and communication of the
primary results of the poll and consequent matching of
results as announced and declared at the District Tallying
Centers and National Tallying Center.

ii) Contrary to Ss. 54 and 56 of the Presidential Elections Act

as amended, the 2nd Respondent announced and declared
provisional election results of the 2021 presidential

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 elections without Declaration of Results forms from the
relevant polling stations and tally sheets from the
relevant district returning officers.

iii) Contrary to S. 12 (1c) and (f) of the of the Electoral

Commission Act as amended, the 2nd and 3rd
Respondents adopted and deployed a biometric voter
verification kit (BVVK) and electronic results
transmission and dissemination technology system
(ERDTS) in the management of the 2021 presidential
elections without the appropriate regulations, the failure
of which affected the integrity of the electoral process and
Petitioner’s right to verify voters and audit the results.

iv) Contrary to S. 56 (2)(a) of the Presidential Elections

Act as amended, the 2nd Respondent failed or neglected to
transmit a copy of the return form, tally sheets and
declaration of results forms, from which the official
addition of votes was made, to the Petitioner or his
official agent and the National Unity Platform.

l) Contrary to Article 62 of the Constitution of the Republic of

Uganda and Section 13 of the Electoral Commission Act, the
2nd Respondent compromised its independence by subjecting
its functions to the direction and control of the 1st Respondent,
state organs, agencies and security institutions.

m) 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
8
 Electoral Commission Act; Ss. 2(1), 57(2), 74 and 79 of the
Presidential Elections Act, the 2nd 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.

n) Contrary to Ss. 23 (2) and 24 (4) of the Presidential Elections

Act, and 12 (1) (e) of the Electoral Commission Act, the 2nd and
3rd 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.

o) 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.

p) 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 1st 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.

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5. The Petitioner states that contrary to Articles 102 (2) (b) and
219 of the Constitution of the Republic of Uganda as amended
and S. 4 (b) of the Presidential Elections Act as amended, the
1st Respondent was not qualified for election as president
while in the office of head of state, head of government,
commander in chief (CIC) and chairperson of the National
Security Council, as hereunder;

a) The presidency as the relevant organ of the state under

the command, control and authority of the 1st
Respondent as the incumbent is enjoined under the S. 22
of the Presidential Elections Act, 2005 to ensure
protection of each candidate and adequate security at all
meetings of candidates;

b) The 1st Respondent abused the presidency by

commanding and/or directing forces under his
command, control and authority to wit; Special Forces
Command (SFC), Uganda People’s Defence Forces,
Uganda Police Force, Internal Security Organisation,
Resident District Commissioners, Local Defence Unit
and Special Police Constables; which brutalized,
tortured, maimed and assaulted the Petitioner, his
agents and supporters; as well as interfered with the
electoral process to the benefit of the 1st Respondent;

c) The 1st Respondent, during the election period, in the

exercise of his powers as commander in chief reshuffled
forces with personnel notorious for brutality and
10
 partisanship including Lt. General Muhoozi
Kainerugaba (his son) and Major General Paul Lokech
and who perpetrated and co-perpetrated electoral
violence and brutality against the Petitioner, other
candidates and their respective agents and supporters.

d) The 1st Respondent, as the incumbent President, reigned

over government ministries and departments which
directed and authorised 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.

e) The 1st Respondent as CIC of the UPDF and chairperson

of the National Security Council deployed officers of the
UPF and UPDF who, in several parts of the country,
confiscated appointment letters and facilitation/logistics
for the petitioner’s agents which frustrated the
petitioner’s ability to efficiently monitor and supervise
the election process.

f) The 1st Respondent, as the convener and appointer of

the General Court Martial (GCM), caused the detention
of over 50 (fifty) NUP members, campaigners,
supporters and agents of the petitioner by the GCM on
trumped-up and/or politically motivated charges after
the civil court had granted them bail.

11
g) The 1st Respondent allowed or caused the deployment
of armed security personnel at and on polling stations,
an act that intimidated voters and scared them away
from voting.

h) The 1st Respondent, under the presidential initiative on

wealth creation, used government resources for the
purpose of campaigning when he caused the
disbursement of resources, during the election period, to
the ‘EMYOGA’ initiative solely to influence and win
support of the beneficiaries.

i) The 1st Respondent as CIC of the UPDF and chairperson

of the National security Council interfered with and
obstructed the free exercise of the franchise of voters
through murder, detention and hospitalization of voters
who were subsequently restrained from voting on
January 14th, 2021.

j) Cumulatively, the above acts of the 1st Respondent

created insecurity and seriously compromised freedom,
fairness and voter turn out in the 2021 presidential
elections particularly in the petitioner’s stronghold
districts/cities of Kampala, Wakiso, Mukono, Mpigi,
Gulu, Masaka, among others where the electorate was
greatly intimidated, terrified and horrified thereby
affecting the percentage of voter turnout; and in direct
contrast with the 1st Respondent’s stronghold districts of
Kiruhura, Isingiro, Bunyangabo, Kazo, Kamwenge,
Kyankwanzi, which had no serious issues of
12
 intimidation and violence against voters, in which the
percentage voter turn out was not substantially affected.

6. 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 1st 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;

a) 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.

b) 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 1st Respondent and his National Resistance
Movement Organisation.

c) 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.

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d) 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.

e) 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.

f) Contrary to Articles 1, 8A, 20 (2), 22, 23, 24, 28, 29, 38 and 221
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
1st Respondent violently humiliated, maimed, inflicted
grievous harm and excruciating pain onto the Petitioner, his
agents and his supporters at various campaign meetings.

g) Contrary to Ss. 24 (5) (a) (i) (ii) (b) (d) (e) (f) and 69 of the
Presidential Elections Act, the 1st Respondent during the
election, with intent to prevent the election of the Petitioner,
made derogatory, reckless, malicious, sectarian, abusive,

14
 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.

h) Contrary to S. 76 of the Presidential Elections Act, the 1st

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 1st Respondent’s
candidature as against the petitioner.

i) 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 1st 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 1st Respondent.

j) 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 as
follows;

15
 i) Contrary to section 64 of the Presidential Elections Act as
amended the 1st Respondent under the presidential
Initiative on Wealth Creation, used government
resources for the purpose of campaigning when he
caused the disbursement of resources, during the
election period, to the ‘EMYOGA’ initiative solely to
influence and win support of the beneficiaries.

ii) Contrary to S. 64 of Presidential Elections Act, on or

about 27th December 2020 the 1st Respondent, gave a
donation of UGX 10,000,000/= (Ten Million shillings) as
condolences to the family of the late Hajj Rashid Sewali
in Hoima District with intent to influence family
members, relatives, in-laws and family friends to vote
for the 1st Respondent and not the Petitioner.

iii) Contrary to S. 64 of the Presidential Elections Act, the 1st

Respondent during the election period variously gave
UGX 300,000 (Three Hundred Thousand shillings) to
each village Local Council Committee of the 70,626
villages in Uganda for distribution in the villages to
influence the voters to vote for him and not the
petitioner.

iv) Contrary to S. 64 of the Presidential Elections Act, the 1st

Respondent during election period gave to Ronald
Mayinja, a musician, former member of the National
Unity Platform and co-ordinator of some of the
petitioner’s activities, a car and other gifts for him to
refrain from supporting, campaigning and voting for the
16
 petitioner and instead influence him to support,
campaign and vote for the 1st Respondent.

v) Contrary to S. 64 of the Presidential Elections Act, the 1st

Respondent during election period gave to Andrew
Mukasa Alfonse alias Bajjo, a musical promoter, former
member of the National Unity Platform and coordinator
of some of the petitioner’s activities, money and other
gifts for him to refrain from supporting, campaigning
and voting for the petitioner and instead influence him to
support, campaign and vote for the 1st Respondent.

vi) Contrary to S. 64 of the Presidential Elections Act, the

1st Respondent immediately before and during election
period gave to singer Bosmic Otim, a former supporter
co-ordinator of the petitioner’s activities in Northern
Uganda, a Toyota pick-up of Registration No. UBH 921F
and other gifts for him to refrain from supporting,
campaigning and voting for the petitioner and instead
influence him to support, campaign and vote for the 1st
Respondent.

vii) Contrary to S. 64 of the Presidential Elections Act, the 1st

Respondent during election period offered to Ayebare
Jasper, a former NUP parliamentary candidate in
Rubanda East and co-ordinator of the petitioner’s
activities in Kigezi sub region, a tractor and a job in the
Internal Security Organisation (ISO) to refrain him from
supporting, campaigning and voting for the petitioner

17
 and instead influence him to support, campaign and
vote for the 1st Respondent.

viii) Contrary to S. 64 of the Presidential Elections Act,

the 1st Respondent during election period gave to Ochira
Bosco Lawino, a former NUP Registrar and co-ordinator
of petitioner’s activities Nwoya district, money and othe
r gifts for him to refrain from supporting, campaigning
and voting for the petitioner and instead influence him
to support, campaign and vote for the 1st Respondent.

ix) Contrary to S. 64 of the Presidential Elections Act, the 1 st

Respondent during election period gave to Angalia
Godwin Kasigwa, a former NUP parliamentary
candidate for Buliisa County, a Toyota pick-up
Registration No. UBJ 386D, and other gifts for him to
refrain from supporting, campaigning and voting for the
petitioner and instead influence him to support,
campaign and vote for the 1st Respondent.

x) Contrary to S. 64 of the Presidential Elections Act, the 1st

Respondent during election period gave to Jennifer
Nakangubi a.k.a Full figure, a former supporter of the
Petitioner, Money, a Toyota Harrier UBH 891W and
other gifts for her to refrain from supporting,
campaigning and voting for the petitioner and instead
influence him to support, campaign and vote for the 1st
Respondent.

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 xi) Contrary to S. 64 of the Presidential Elections Act, the 1 st
Respondent before and during election period gave to
Arshburg Kato, a former long-time friend and social
media influencer for Petitioner’s presidential bid, five
cows and other gifts for him to refrain from supporting,
campaigning and voting for the petitioner and instead
influence him to support, campaign and vote for the 1st
Respondent.

xii) Contrary to S. 64 of the Presidential Elections Act, the 1st

Respondent during election period gave to Sanya
Wycliffe, NUP parliamentary Candidate for Samia
Bugwe South, gifts for him to refrain from supporting,
campaigning and voting for the petitioner and instead
influence him to support, campaign and vote for the 1st
Respondent.

xiii) Contrary to S. 64 of the Presidential Elections Act,

the 1st Respondent during election period provided a
motor vehicle and other gifts to Abby Ssewakiryanga
alias Basajja Mivule Bwadenne a former supporter of the
Petitioner, for him to refrain from supporting,
campaigning and voting for the petitioner and instead
influence him to support, campaign and vote for the 1st
Respondent.

k) Contrary to section 43 (a) of the Presidential Elections Act, the

1st Respondent allowed or caused the deployment of armed
security personnel at and on polling stations, an act that
intimidated and scared voters from voting.
19
 l) Contrary to section 26 of the PEA the 1st respondent as CIC of
the GCM interfered with and obstructed the free exercise of
the franchise of voters through murder, detention and
hospitalization of voters who were subsequently restrained
and refrained from voting on January 14th, 2021.

7. This amended Petition is supported by the affidavit evidence of

the Petitioner deponed on the 1st day of February 2021 in the
instant Petition and the affidavit deponed herein as well as other
accompanying affidavits verifying the grounds on which the
petition is premised.

THEREFORE, your Petitioner prays that this Honourable Court be

pleased to declare and, or order that;

i. The presidential election held on the 14th 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.

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

iii. The election of the 1st Respondent as President of the Republic

of Uganda be annulled and set aside.

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

20
 v. The 3rd 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.

vi. A permanent injunction doth issue restraining the Uganda

Peoples’ Defence Forces and intelligence services from
involving themselves and interfering with electoral processes
in future.

vii. A permanent injunction restraining Resident District

Commissioners from engaging in partisan politics and election
matters.
viii. A permanent injunction restraining the 1st Respondent from
ever contesting as a candidate in any further election in
Uganda.

ix. 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, 1st Floor, Media Plaza
Building, Plot 78 Kira Road, P. O. Box 980, Kampala.

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

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 _____________________________________
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;

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Lukwago & Co. Advocates,
1st Floor, Media Plaza Building,
Plot 78 Kira Road, P.O. Box 980, Kampala.

AND;

PACE Advocates,
2nd Floor, Interservice Towers,
Plot 33 Lumumba Avenue
P.O Box Kampala.

AND;

Sewankambo & Co. Advocates

Plot 2 Bombo Road, Plot 8-10,
5th 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

23
P.O Box 30055, Kampala.

24
 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 14TH 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 1st Respondent was not validly elected and that the 2nd

25
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 1st Respondent during campaigns personally or with his
knowledge and consent or approval committed illegal practices and
other electoral offences.

LIST OF WITNESSES

a) The Petitioner
b) Deponents of affidavits in support of the petition
c) Others with leave of Court

LIST OF DOCUMENTS

a) All Annextures to the Petitioner’s affidavit in support of the

Petition
b) Others with leave of Court

LIST OF AUTHORITIES

a) The Constitution of the Republic of Uganda, 1995

b) The Electoral Commission Act Cap. 140
c) The Presidential Elections Act, 2006
d) The Presidential Elections (Election Petition) Rules SI 141-2
e) Relevant Case Law.
f) Others with leave of Court.

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

__________________________________________
COUNSEL FOR THE PETITIONER
JOINTLY DRAWN AND FILED BY;

Lukwago & Co. Advocates,

1st Floor, Media Plaza Building,
Plot 78 Kira Road, P.O. Box 980,
Kampala.

AND;

PACE Advocates,
2nd Floor, Interservice Towers,
Plot 33 Lumumba Avenue
P.O Box Kampala.

AND;

Sewankambo & Co. Advocates

Plot 2 Bombo Road, Plot 8-10,
5th 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;

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Kiwanuka, Kanyago & Co. Advocates
Plot 2 Bombo Road, City Apartments
P.O Box 30055, Kampala.

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