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The presidential election act is very
clear on the grounds that are enough
to cause the annulment pf a
presidential election.
1-The issue of non-compliance with
the electoral laws, is just one of the
grounds that lead to this annulment
to come into force.The court heard
enough evidence that proved the fact
that Kiggundu and his commisiion
engaged in conduct, such as
announcing results without the DR
forms, and the discrepancies that
were seen on tally sheets etc.This
fundamental issue stands alone to
establish this defficiency which is a
fundamental requirement for an
election to be valid.Here I am not
even going into the issue of the
register and the more than 100
percent voting registered at some
polling stations, plus the more than
60 polling stations where 100 percent
voted and all voted for Yoweri
2-The other issue that was
important, was the offences that
were committed by candidate Yoweri
Museveni.These were bribery
intimidation and promoting
violence.The court heard evidence ón
how Yoweri Museveni bribed the
people of Terego with hoes, the
manner in which he used public
servants namely:Allen Kagina and
Jennifer Musiis on his campaign
rallies, to promise people roads and
other services.This was a blantant
violation of electoral laws that
prohibit such conduct. Museveni also
was proved to have issued threats to
the other candidates, promising to
reach harm on them , if his NRM
supporters are involved in any
fights.Museveni also called the other
contestants wolves, and said he was
not going to hand over power to them,
and even threatened to go to the
bush if defeated.These offences are
enough to cause annulment of the
election, not even considering several
other offences he committed.
Finally, the logic is that with those
offences by Museveni and the non-
compliance by Kiggundu and his
commission , the ground was not
levelled for all the candidates and
there was no transparency in the
manner the electoral commission
handled the exercise in many
different aspects, and that even
makes the argunent of substantiality
of numbers invalid. The exercise was
a sham, and the only remedy is
annulment and repeat of the voting
with a strong warning from supreme
court to the perpetrators, not to
repeat the conduct.
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Many NRM officials are beginning to
feel the heat from President
Museveni’s ferocious demand for
accountability for all election
campaign funds.
Insider sources said President
Museveni has issued an April
ultimatum for all party officials to
account for billions of shillings in
campaign funds. Insider sources say
the president handed down the
ultimatum at the conclusion of the
10-day retreat for newly-elected
NRM MPs at the National Leadership
Institute (NALI) Kyankwanzi, over
the weekend.
“As of now we don’t know how much
was spent until the planned meeting
after Easter when they [party
leaders] will come with a
comprehensive report and
accountability,” an MP who declined
to be named said.
Museveni practices shooting in
Kyankwanzi last week
Various sources at the retreat said
while Museveni did not mention any
names, he described such officials as
“thieves who can no longer be trusted
with anything” because at every
station they are placed and tested,
they steal, including stealing from
their own party.
Some party officials interviewed
declined to delve into how much the
party spent on Museveni’s 5th term
re-election campaign, but a report
by an NGO; the Alliance for
Campaign Finance Monitoring
(ACFIM) put Museveni’s expenditure
for the months of November and
December at Shs 27bn.
A source familiar with the inner
workings of Museveni’s re-election
campaign teams estimated that he
spent at least Shs 1 billion a day on
campaign- related activities. For the
90 days of the campaign, this would
mean he spent at least Shs 90 billion.
A big chunk of this money, according
to Dr Kenneth Omona, NRM’s deputy
national treasurer, was not handled
by the NRM secretariat but by other
parallel groups that were set up to
mobilize for Museveni.
“During the campaigns, there were
many parallel teams each [with its
own] budget. We [NRM secretariat]
can only account for money that
came through the secretariat,”
Omona told The Observer on Tuesday.
Though Omona declined to disclose
how much was given to the
secretariat, a source said, the
secretariat was given about Shs 80bn
to cover the entire campaign period
but it was spent within a month.
Omona said the secretariat officials
who handled campaign funds have
been given a time limit within which to
account for the money they were
“We are collecting reports from all
officers who were delegated to
handle the money, and all those who
misappropriated it will be held
accountable,” Omona said.
President Museveni greets NRM
Secretary General Kasule Lumumba
and other party officials on arrival
at Kyankwanzi
He also said he was not aware that
there were some party officials who
diverted the money to private use.
Rattled by their spending habits,
Museveni is understood to have
personally taken charge of the
campaign expenditure in December.
He also assigned intelligence officers
to investigate the party officials
alleged to have touched this money.
The unofficial investigation,
according our sources, revealed that
some officials had siphoned off some
of this money and invested it in
We have been told that Museveni
first got to know of the rampant
theft of party funds when he gave
one of his assistants Shs 500m and
later sent an elderly woman to pick
Shs 300m from the assistant.
Not knowing that the elderly woman
was being used as bait, the assistant
gave her Shs 100m but in the
official’s accountability to Museveni,
he indicated he had given her Shs
On the campaign trail, different
service providers had threatened to
go on a sit-down strike after months
of non-payment. For instance, as
the Museveni campaign approached
Buganda, a firm contracted to
entertain people threatened to
withdraw its services until it was paid
an outstanding bill totaling to
hundreds of millions of shillings.
The president intervened and the
firm was sorted. Some musicians had
also threatened to withdraw from the
trail after the party failed to pay
their accumulated bills.
We understand that each musician
earned Shs 2m per campaign rally
which would add up to Shs 4m a day
save for the likes of Bebe Cool and
Chameleone who were bagging Shs 4m
per rally.
In its budget, NRM planned to give
each village Shs 500,000. Shs 250,000
was given during the party primaries
(in September 2015) and the balance
was remitted a few days to the
February 18, election day.
Each of its 425 candidates for the
direct parliamentary seats was
entitled to Shs 25m while candidates
for the district woman MP seats were
each entitled to Shs 30m, the same
amount meant for candidates for
district chairpersons.
According to the deputy NRM
spokesperson, Ofwono Opondo, some
of the flag bearers down to the LC-
III level have not yet received their
“There is a general widespread
complaint against some NRM people
who received the money to pass it on
to the intended recipients but they
[officials] became dodgy with [the
money] and diverted it to their
private use,” Opondo said on
“Some villages have never received
their share and that is why the first
lady [Janet Museveni] said at Ngoma
[government stock farm] that we
[NRM] must have a known budget
and must account,” Opondo added.
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Reading the Observer in Kabulasoke
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On his recent visit to Kenya, while
having dinner with President Uhuru
Kenyatta, General Museveni pulled
his chair and whispered something to
the ears of his host.
Those present were surprised to see
the Kenyan President rich for his
pocket and hand his private phone to
the Ugandan despot. With the phone
in his hands, the Ugandan despot
asked to be excused for a moment.
He went into a nearby private room
and made phones for about 20
Reliable sources have informed us
that the President was making calls
to members of the Supreme Court in
Uganda and ordering them to dismiss
the Mbabazi petition with costs.
That he did not want to use his usual
phone because he knew it was being
monitored. Unfortunately for him,
even Uhuru's private handset was
being watched and monitored by
world powers.
It is after listening in to Museveni's
threatening phone calls to Chief
Justice Katurebe and other members
of the Supreme Court that finally
forced the USA to act.
It was at this point that President
Obama authorised Ambassodor
Samanther Power to release a
damaging dosier on Museveni to the
UN Security Council. In this dosier,
the American makes it clear to the
world that the Ugandan despot is a
danger to the Security and stability
of his country and the entire great
lakes region.
You will recall that former Secretary
of State for African Affairs Jonnie
Carson had a private dinner with
General Museveni in Kampala last
week. Reliable sources inform us that
it was at this meeting that America
told Museveni that they were
Carson showed showed satelite
evidence to Museveni proving that
there was never 100% turnout for
him anywhere in the country and
that in the Karamoja sub-region, he
never got that 95% turnout but the
opposite. Carson only wanted
Museveni to respect the Judiciary
and let it decide on the petition
independently, a proposal the despot
did not seem to be enthusiastic about.
Carson wanted to convince Museveni
that he should stop lying to himself,
his people and the the world. But it
was Museveni's actions in Nairobi that
finally made Americans to Act.
Therefore my dear Justices of the
Supreme Court, the world is watching
you, Uganda is watching you. The
nonsense of 2001 and 2006 will not
be accepted by anybody.
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Post has shared content
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--------------- --------------- --------------- --------------- --------------- -------------
22nd March, 2016.
The Chairman,
Facebook Inc.,
1601 Willow Road,
1 Hacker Way, Menlo Park,
CA, 94025, USA.
Attn.: Mark Zuckerberg
1. This notification of infringing data
messages is made by Fred Muwema,
a reknown Ugandan Advocate.
2. His full address is as follows;
Fred Muwema,
C/o M/s Muwema & Co. Advocates
and Solicitors,
Plot 50, Windsor Cresent Road, Kololo
Phone No. +256 414 257 661
Mobile No. +256 752 781 782
Email: fredmuwema@madv
Skype: fred.muwema 76
3. The notification is in respect of
two offending publications posted on
Facebook by a person claiming to be
Tom Voltaire Okwalinga also
commonly referred to as TVO by
Facebook users.
4. The first publication was on 17th
March, 2016 at 7:47pm (Ugandan
time) under the title BETRAYAL IN
THE CITY and a follow up post on
19th March, 2016 at 9:47pm
(Ugandan time).
5. The said post carried grossly
defamation and offensive content
against the person of the said Fred
Muwema to the extent that they
falsely and maliciously alleged
inter-alia that:
a) Fred Muwema had been bribed in
the sum of UGX 900M (appropriately
260,000USD) by Hon. Jim Muhwezi, a
Ugandan Government Minister on
behalf of President Yoweri Museveni
to drop out of a Presidential Election
Petition filed by Rt. Hon. Amama
Mbabazi, whereas not.
b) Fred Muwema had broken into his
Law Firm to jeopardize the same
Presidential Election Petition,
whereas not.
c) That as a result, Fred Muwema is
now being guarded by armed Special
Forces Command Operatives who
follow him everywhere, whereas not.
6. The said posts have invited
unmitigated and widespread
condemnation, ridicule and threats
to the person and business of the said
Fred Muwema by a cross section of
social media users in Uganda across
the world thereby unjustly
endangering his safety, reputation
and credit.
7. Since the offending user
generated content is authored by a
person of doubtful identity, I would
like his identity to be discovered to
support legal action which I intend to
take against him or her.
8. To this end, I request for the
Internet Protocol address of the
subject user by the 29th March, 2016
to be able to determine the user's
physical location, email, telephone
address and other useful identifier
9. I demand that Facebook removes
the infringing/defamatory content
10. I also demand that Facebook
stops hosting the said offending user
who is notorious for attacking and
injuring the names of many
personalities at different standing in
11. This notification is made in good
faith and all the information herein
is true and correct.
12. Owing to the very serious nature
of this matter, I require your
assistance promptly.
13. If assistance shall not be
forthcoming, I shall have no
alternative but to hold Facebook
liable in substantial damages for the
making, publication, dissemination
and distribution of the defamatory
content complained of.
Yours faithfully,
cc. Facebook Legal Department,
156 University Avenue
Palo Alto, CA 94301
cc. The Executive Director,
Uganda Communications Commission
UCC House, Plot 42-44
Spring Road, Bugoloobi,
P.O. Box 7376
Kampala, Uganda

REFERENCE: The government requested the
order under the All Writs Act , a
law dating to the colonial era that
has been used as a source of
authority to issue orders that are
not otherwise covered by a
statute . Though Apple has
previously complied with court
orders under that statute to
retrieve data from iPhones
running earlier versions of its
operating system , it is now
resisting such an order in a
separate iPhone case in Brooklyn.
That case , unlike the one in
California, involves a phone with
software that allows the firm to
extract data.
“Companies should comply with
warrants to the extent they are
able to do so, but no company
should be forced to deliberately
weaken its products,” said Wyden.
“In the long- run, the real losers
will be Americans ’ online safety
and security. ”
Some legal scholars , however, said
the use of the All Writs Act in the
California Apple case presents a
slippery slope issue . “ If the writ
can compel Apple to write
customized software to unlock a
phone, where does it end?” said
Ahmed Ghappour , a professor at
the University of California ’s
Hastings College of the Law. “ Can
the government use it to compel
Facebook to customize an
algorithm that predicts crime? It ’s
not clear where the line will be
drawn, if at all .”
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On February 26, Col Kizza Besigye,
who had been detained in his own
house for eight days, filed a case at
the Kasangati chief magistrate’s
court in relation to his freedom.
In this case, filed through Mpanga &
Co Advocates, Besigye asked court to
determine whether he had not been
detained beyond the 48 hours
stipulated in the Constitution and in
an unlawful place.
For strange reasons, the chief
magistrate, Prossy Katushabe,
decided to hear the case almost a
month later, on March 17. Mind you,
this is a matter of detaining someone
beyond 48 hours and in an unlawful
place.Real drama then begins to
unfold on March 17. First, the case is
scheduled for hearing at 10am, but
the magistrate calls the file an hour
before and dismisses it immediately.
Besigye’s lawyer Daudi Mpanga
arrives when the case he has come to
argue has just been dismissed. He
reminds the magistrate that the case
was fixed for 10am, and not
9am.The magistrate realizes her own
“error” and decides to hear the case
she had just dismissed minutes ago.
Caroline Nabasa from the Director of
Public Prosecutions (DPP)’s office
stands up to raise objections.
First, that the matter had just been
dismissed and, second, that the
inspector general of police, Gen Kale
Kayihura, had just presented the
DPP with papers and they were still
consulting on who between them and
the attorney general should
represent him.In other words,
Nabasa tells court that she is not the
right person to represent the IGP
(police). Besigye’s lawyer tells court
that since the DPP has admitted that
she is a stranger, she should allow
court to conduct its business. The
magistrate, surprisingly, adjourns the
case to the following day, March 18.
And on March 18, the magistrate
delivers a ruling dismissing the DPP’s
preliminary objections. She, again
strangely, allows the same DPP to
somehow represent Kayihura, and
the case, a very simple application,
proceeds. The magistrate then orders
that both parties should submit
written submissions at 3pm. Mpanga
pleads to make oral submissions, but
the magistrate refuses. At 3pm,
when the lawyers return to file
written submissions, they are
informed that the High court has
issued an order to stay proceedings
and called for the file.
Not only has the High court letter
been received but the magistrate has
typed the record, certified it and
written a letter submitting the case to
High court for review of her earlier
decision dismissing the DPP’s
preliminary objections.The process to
move the High court’s criminal
division to recall a case from a
magistrate’s court for review
ordinarily takes a minimum of two
weeks. In this case of Col Besigye, it
takes just hours.
All the adjournments at Kasangati
are meant to help the state
manoeuvre through the corridors of
justice. And this is not the first time
this is happening. It happened during
numerous cases leading to the coup
against Kampala lord mayor Erias
Lukwago. The registrar of the High
court issued an order stopping the
minister for the presidency, Frank
Tumwebaze, from presiding over the
KCCA council that had been convened
to impeach Lukwago.Tumwebaze, in
full view of cameras, defied court
and ordered police to manhandle
councillors. Lukwago’s lawyer,
Abdallah Kiwanuka, was meanwhile
being beaten outside City Hall by
Tumwebaze completed the episode
and declared Lukwago impeached.
High court judge Yasin Nyanzi heard
an application and disallowed the
so-called impeachment. The
government filed another case which
was also dismissed by Justice Lydia
Mugambe. They now went native and
asked the usual suspect, Steven
Kavuma, to issue an interim order
staying execution of all High court’s
decisions. Lukwago went to the
Supreme court, which told him to
return to the Court of Appeal that
must hear the matter expeditiously.
Mind you, all these things happened
in 2014 and the Lukwago matter
remains unsolved by court to date.
The Besigye case simply tells you
where we have reached and that this
mafiasm has now been entrenched. I
am told this mafiasm even involves
respected judges of the High court.
In fact, we are told that a meeting
was held in which a senior judge
advised government on how to deny
Besigye even a hearing. Maybe
judges think we don’t know that they
are part of this cartel.
And the judges think it is Besigye
they are denying justice. The right to
liberty is as sacred as the right to
life. When you allow mafias to
violate the right to liberty, you are
inviting them to violate the right to
life as well. Didn’t you see police
officers shoot people in Kasese before
cameras recently? That is why, for
us, we have made it very difficult
for them to shoot and kill our people.
And that is how we came up with the
stay-home, boycott and prayers
They have been using the media and
all sorts of platforms to disparage
this campaign, but we have to make a
decision as a country. If Besigye’s
rights are violated just like that,
what about hundreds of Ugandans
who visit court every day? For me,
that is the matter; and it is no
longer the detention of Col Besigye at
his home.
The author is Kyadondo East MP.
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Kano nako kanyumye, anti wano
Amawulire gatuka late.

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KISIITA Town BUGANGAIZI East. still on the go there to help with my services....... more
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