THE PETITIONER AYAKA ROSE 🆚 DRIWARU JENIFER (THE RESPONDENT).
THE CHAIRMAN NRM ELECTORAL COMMISSION, KYADONDO ROAD KAMPALA.
09-09-2020.
Sir,
RE: PETITION AGAINST THE ELECTION RESULTS OF THE NATIONAL RESISTANCE MOVEMENT PRIMARIES FOR WOMAN MEMBER OF PARLIAMENT MARACHA DISTRICT.
The NRM primary elections for the Member of Parliament in Maracha district on 4-September-2020 and the results compiled and declared at the district headquarters on 5-September-2020.
The elections were characterised by numerous irregularities.
The directives of the National Party Chairman's instructions were not followed as was in his communication dated 2-September-2020 and addressed to all the NRM village executive committee.
The opposition party supporters of National Unity Platform (NUP) Party and Forum for Democratic Change (FDC) were bribed and mobilised to line behind my opponent across the district.
The results tallied were therefor not that of NRM supporters.
There were also cases of intimidation, violence where some of my polling Agents were beaten, ferrying of Voters from other places, obstruction from voting, multiple voting and failure to follow the election guidlines provided by the NRM.
I wrote the attached letter to the District Registrar to request for the official tally sheet of the Member of Parliament results, the List of polling officials, the village, parish and sub-county Registrars since some of the officials were Agents of my opponent and they were seen decampaigning me.
I further requested for the record of the total number of registered NRM members per village in the district before 2-September-2020 since these are public documents and they can be used for further analysis of how the elections were concluded.
Note that, my Agents at the tally center did not sign the declaration of result forms also note that, the District Registrar has until now declined to give me the information i requested from his office.
I reject the results of the NRM Parliamentary elections and request that they be disregarded by the party and an appropriate decision taken to resolve the matter.
Thank you for your usual cooperation.
Yours sincerely,
AYAKA ROSE ATIMA / WOMAN MP MARACHA DISTRICT.
CC. SECRETARY GENERAL NRM PARTY.
CC. THE RDC, MARACHA DISTRICT.
CC. THE DPC MARACHA DISTRICT.
CC. THE NRM DISTRICT CHAIRMAN.
BELOW HERE IS THE DEFENCE DRIWARU JENIFER (THE RESPONDENT) HAS FILED.
30-SEPTEMBER-2020 OUR REF:DJ/GN/2020.
[BETWEEN]
PETITIONER} .......................................................................AYAKA ROSE ATIMA
[AND]
RESPOMDENT} .................................................................1. DRIWARU JENIFER
2. NRM ELECTORAL COMMISSION.
The Chairperson,
NRM Electoral Commission.
Kyadondo Road, Kampala.
Attention:
Dr Tanga Odoi
REPLY TO PETITION AGAINST THE ELECTION RESULT OF NATIONAL RESISTANCE MOVEMENT PRIMARIES FOR DISTRICT WOMEN REPRESENTATIVE TO PARLIAMENT BY THE PETITIONER.
I, DRIWARU JENIFER (herein referred to as the respondent) duly elected and declared District Women Representative to Parliament on the National Resistance Movement ticket capacity in which i address this reply to the petition in respect of the reference and seek for your immediate indulgence on the same.
I am a female adult Ugandan of sound mind and eligible voter in the NRM league structure(s) and a strong supporter of the National Resistance Movement in all the spheres of the party.
I am alive to the requirements that allow all the intending petitioner(s) to petition in regard to challenging any election result(s) by any petitioner(s) and or aggrieved party(ies) who so wish to contest result(s) as per the law.
SAVE as herein expressly admitted, the respondent denies each and every allegation contained in the petition as if the same were set forth verbatim and traversed ;-
1. Paragraph (1) of the petition is admitted only to the extent of the petitioner's address and mental sanity. There is no proper petition before the Chairperson NRM Electoral Commission.
2. The respondent denies the contents of paragraph (2) of the petition and the petitioner shall be put to strict proof thereof. The respondent shall at the hearing of this petition raise a preliminary objection on points of law that there is no proper petition, is baseless, had in law amounts to an abuse of due process and should be dismissed with costs.
3. In specific reply to paragraph (2) of the petition, the respondent shall aver and contend that the petitioner is doubtful and speculative and the petition shall be put to strict prove.
4. In specific reply to paragraph (3) of the petition, the respondent shall aver and contend that the petitioner shall be put to strict prove and further avers that the allegations contained in this very paragraph at lines 2 and 3 are abuse to the National chairperson of NRM and the entire electoral team by faulting the duly followed guidelines.
5. In reply to paragraph (4) of the petition, the respondent shall aver and contend that the petition is baseless and speculative and the petition shall be put to strict prove.
The respondent further avers that the decision to bar the petitioner’s agents from signing Declaration forms was after declaration of the genuine results for the District Women Representative to Parliament for Maracha District on the National Resistance Movement.
6. In further reply to paragraph (4) the respondent avers that the decision to bar the petitioner’s agents from signing the Declaration Forms was ill motivated after declaration of the genuine results for District Women Representative to Parliament for Maracha District on National Resistance Movement.
7. In reply to paragraph (5) of the petition, the respondent shall aver and contend that the results be regarded and upheld as declared.
The emphasis is mine,
a) The petitioner in a geared move to contest the people’s choice as a member of parliament on NRM ticket has with ill motive furnished pieces of information.
b) Your respondent is a candidate intending to vie for the position of District Women Representative to Parliament for Maracha District on the National Resistance Movement ticket at National level having been declared winner in the party primary elections with a margin of 11,012 votes.
WHEREFORE your Respondent humbly prays that;
a) The Election results of the National Resistance Movement for Women Member of Parliament in Maracha District (District Women Representative to Parliament) be considered valid.
b) The National Resistance Movement Electoral Commission upholds decision of the NRM District Registrar in Declaration Forms for Woman Member of Parliament in Maracha District (District Women Representative to Parliament).
c) The petitioner’s petition be considered to be improperly filed thus rendered null and void.
d) Reject the petition by the petitioner and have it dismissed.
e) The petitioner meets the costs of this petition.
Dated at Arua this 1-October-2020.
Signed.
DRIWARU JENIFER
(THE FIRST RESPONDENT).
Drawn and Filed By;
Driwaru Jenifer
Copied to;
a) The Secretary General National Resistance Movement (NRM).
b) The Director Legal Services, NRM.
THE DOCUMENTS I HAVE ATTACHED HERE IN THE LINK, ARE THE RULING OF THE NRM TRIBUNAL.
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