President Yoweri Museveni has responded to the election petition filed by National Unity Platform’s Robert Kyagulanyi challenging his election during the 2021 presidential elections.
Yoweri Museveni was declared the winner with 6,042898 votes representing 58.38% and Kyagulanyi as the runners up with 3631437 votes but in his challenge, the NUP presidential candidate says there were a number of irregularities that make the election and its outcome null and void.
However, in his response filed by his lawyers from K &K Advocates and Byenkya, Kihika &Company Advocates on Saturday, Museveni said he was validly elected because the election was freed and fair.
“The elections were conducted in accordance with the provisions of the Presidential Elections Act and the Electoral Commission Act and in compliance with the principles laid down in those provisions and any non-compliance in the conduct of the election, which is denied, did not affect the results of the election in a substantial manner,” the response reads in part.
In the petition where the Electoral Commission is among the respondents, Kyagulanyi accuses the election body of not conducting the polls in accordance with the principles laid down in the provision of the Constitution of the Republic of Uganda, the Presidential Elections Act and the Electoral Commission Act but in response, Museveni said this is not true.
He avers that the allegations by Kyagulanyi of ballot stuffing and multiple voting in the just concluded presidential election are not true and asks the Supreme Court to throw out the petition.
“The second respondent (Electoral Commission) ascertained, transmitted, tabulated, and declared the results of the presidential elections held on January 14, 2021, transparently and in accordance with the law.”
Museveni also denies that the Electoral Commission compromised its independence by subjecting its functions to his directives, command and control plus security agencies as alleged by Kyagulanyi in the petition.
He wants the Supreme Court to dismiss the petition with costs because it was filed later than the stipulated 15 days’ time.
Kyagulanyi said in his petition that his campaigns were always disrupted by police and on many occasions, they never happened, despite clearance from the relevant authorities.
“Contrary to section 3 and 2 of the Presidential Elections Act, officers of the Uganda Police Force and the UPDF on several occasions and in several parts of the country prevented the petitioner from carrying out his nationwide consultations in preparation for his nomination as a presidential candidate.”
Kyagulanyi also accuses the Electoral Commission of issuing campaign guidelines that hindered a free and fair campaign to his disadvantage but on the other hand enforced the same to favour of NRM’s Yoweri Museveni.
“Contrary to articles 1, 8A, 20(2), 28, 29,38 and 43 of the Constitution of the Republic of Uganda , the Presidential Elections Act and the Electoral Commission Act, through a press statement dated December 26,2020 the second respondent(Electoral Commission) arbitrarily, irrationally and indefinitely banned election campaign meetings in Kampala capital city, districts and cities of Jinja,Kabale, Kalungu, Masaka, Tororo, Luweero, Wakiso , greater Mukono,Mbarara, Kabarole, Kasese and Kazo thereby frustrating the petitioner’s right to associate, assemble and interface with the electorate.”
The second runners up in the just concluded presidential election now wants court to declare the January 14, 2021 elections were not held in accordance with provisions of the electoral laws and the principles governing elections.