NSEREKO TAUNTS NYANZI AS COURT DISMISSES KAMPALA CENTRAL ELECTION PETITION
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By Joel Mugabi
High Court in Kampala has today dismissed an election petition filed by National Unity Platform (NUP) Kampala Central candidate Fred Nyanzi Ssentamu challenging the victory of MP Muhammad Nsereko in the January 14 parliamentary poll.
Nyanzi lost to Nsereko, an independent candidate, by a margin he thought was narrow and could have been closed if the results in some contested polling stations had been reconsidered. He accused Nsereko and Electoral Commission (EC) officials of engaging in acts of electoral malpractices that he believes cost him and NUP party a parliamentary seat.
Today, Justice Margaret Apiny of the High Court dismissed Nyanzi’s election petition on grounds that the NUP politician had failed to serve Nsereko his petition. Justice Apiny blamed Nyanzi for serving Nsereko through social media. She also ruled that Nyanzi should have handed the petition to Nsereko instead of dropping it outside his home.
“The attempts to serve the third respondent at parliament, Chief Magistrates Court in Mengo, his Bugoloobi residence with success and the transmission of the documents on Whats App did not amount to personal service envisioned under rule6(3) of the Parliamentary Election Rules,” said Apiny in her judgement read by Judiciary spokesperson Jameson Karemani.
“In the instant case, the service that was expected of the petitioner [Nyanzi] was by effecting serving upon the third respondent personally and not place it in a conspicuous place as was done by depositing the notice of presentation of the petition at the gate.”
In dismissing Nyanzi’s petition, Justice Apiny made it clear that “personal service was not effected upon the third respondent as directed by the court order.”
On learning about the dismissal of Nyanzi’s petition, Nsereko labelled the NUP politician a bad loser who did not even have evidence to prove his election loss. The Kampala Central MP further advised Nyanzi to separate the law from drama. In Nsereko’s view, Nyanzi clearly knew he had no evidence but chose to just play around his supporters’ minds.
Nyanzi insisted he had served Nsereko as required by law. He accused court of bias but said he would consult his lawyers on the way forward.(For comments on this story, call, text or whatsapp us on 0705579994, 0779411734, 0200900416 or email us at email@example.com).