The Independent Electoral Commission (IEC) Chairperson Eng Badru Kiggundu has this morning been cross-examined by Muhammad Mbabazi, the lead counsel for petitioner John Patrick Amama Mbabazi, who is challenging the declaration of Yoweri Museveni as the winner of the recently-held presidential elections.
Eng Kiggundu had earlier taken oath before the nine judges of the Supreme Court, pledging to say ‘the truth, nothing but the truth’ in court.
Counsel Mbabazi then led him through a raft of questions including the management of the 2016 elections in relation to tallying; the Biometric Voter Verifying Machine (BVVM) kit and how it was operated and the electronic transmission of results, among many other issues.
“Are the Declaration (DR) forms and tally sheets you gave us the ones you used on the day you declared results?” Counsel Mbabazi started off, to which the IEC boss responded in the affirmative.
“Can you give us a list of the polling stations that you based on for provisional results?” Counsel Mbabazi probed further and in response Eng Kiggundu said: “I don’t have them off head but I can avail them.”
Meanwhile, the law dons who had prayed to court to join the petition as Amicus Curiae, have been accepted.
“We are satisfied that the applicants raise relevant points of law and will benefit court in the hearing,” Lady Justice Ekirikubinza Tibatemwa read on behalf of the judges, but cautioned them to stick to their stated objective.
However, in a ruling read by Lady Justice Stella Arach Amoko, the coram rejected a similar application by the Civil Society Organisations (CSOs) on grounds of the applicants’ competencies in relation to their prayer before court.
“CSOs have not met the requirements to be admitted as Amicus,” Lady Justice Arach ruled.
In a related development, the judges have said the court will now hear the proceedings expeditiously for 16 days, from 9.30am to 6.30pm daily.