“The second respondent personally or through his agents, with his knowledge, consent or approval, offered or caused to be offered to registered voters various gifts including, but not limited to, money, cosmetics, steamers, foodstuffs, cows and footballs with a view of procuring voters to vote for him,” Kivumbi’s petition reads in part.
BREAKING THE LAW
The EC was accused of failing to deter Kikulukunyu from breaking the law and therefore “compromised the principles of impartiality and transparency when it failed to restrain the second respondent from carrying out illegal activities during the campaign period.”
Ultimately, court nullified the election. Muwanga Kivumbi won the by-election held on September 12, 2012. Article 68 of the Parliamentary Elections Act, 2005, stipulates that “A person who, either before or during an election with intent, either directly or indirectly, to influence another person to vote or to refrain from voting for any candidate, gives or provides or causes to be given or provided any money, gift or other consideration to that other person, commits the offence of bribery and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both.”