By Aggrey Baba
The High Court has cleared way for NUP’s Fred Nyanzi Ssentamu’s election petition to proceed, closing off a key technical loophole that could have handed Kawempe South MP-elect Madina Nsereko an early victory without a hearing.
In a ruling delivered on April 28, Justice Joyce Kavuma extended the time within which NUP leader Robert Kyagulanyi’s elder brother could serve his petition and authorized substituted service through newspaper publication after repeated attempts to reach Madina Nsereko failed.
The decision rescues the petition from possible dismissal and shifts the contest from technical survival to a full legal battle over the Kawempe South election.
Court records show that immediately after filing the petition, Nyanzi moved to comply with the strict timelines required under election law. His lawyers attempted to serve Madina at her known home in Kyebando and later at her workplace in Mulago, but did not find her.
They also sent the court documents to her known WhatsApp number on two separate occasions. The messages were delivered but went unanswered.
With time running out, Nyanzi returned to court seeking permission to use alternative means of service. Justice Kavuma ruled that the efforts made were sufficient and met the legal threshold.
Judge kavuma also acknowledged a recurring challenge in election petitions, where respondents are difficult to trace, warning that such circumstances should not be allowed to defeat justice.
Under the orders issued, Fred Nyanzi will now serve Madina through notices published in newspapers, including New Vision and Daily Monitor, within seven days. Copies of the petition will also be pinned on the High Court Civil Division notice board.
Madina has further been directed to obtain the petition from the court registry. Once the notices are published, she will be legally deemed to have been served, whether she acknowledges them or not.
The ruling also hands Fred Nyanzi a crucial early advantage. Election petitions in Uganda are governed by strict timelines, and many cases collapse at the preliminary stage due to failure to effect proper service.
By overcoming this hurdle, Nyanzi’s case now proceeds to substantive hearing, where he is expected to present evidence challenging the January 2026 election results, which he claims were marred by irregularities and non-compliance with electoral laws. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
