Rashidah Naakayi

Court has set tomorrow the 27th January 2021 as the date for ruling on the controversial vote recounting case filed by Fred Nyanzi a looser in the Kampala Central MP candidate.

Nyanzi who stood on a NUP ticket in his petition to the chief magistrate’s court in Mengo cited irregularities in the polling process on Election Day committed by both the Electoral Commission officials and Nsereko’s agents.

This he claims led to the fraudulent win of his Independent counterpart Muhammed Nsereko who is also the incumbent MP for Kampala central.

 The incumbent and independent candidate Muhammad Nsereko got 16,998 votes against Nyanzi’s 15,975.

Through his lawyer Anthony Wameli argues that 53 DRForms out of 126  polling stations in Kampala, had errors which the electoral commission can’t explain and their agents were threatened and chased away from various polling stations, denying them the chance to observe and witness the process and counting.

Among the 53 polling stations, Wameli says DRFs from Kamwokya, Kololo including Balikudembe Primary School, KCC Primary School polling stations, Seroma Parking Yard, All saints, Martin Road, Old Kampala SS, National Theatre, Nakivubo Road, Basajjabala Taxi Park, Kampala Library, Bombo Road among others have numerical errors that would only be cured by presiding Chief Magistrate Esther Nansambu ordering a vote recount.

In reply Nsereko’s lawyer Bernard Mutyaba, informed the court that Nyanzi’s application is based on hearsay and no sufficient evidence has been adduced for the court to rely on and grant the reliefs sought.

He further noted that the evidence could make sense if he presented well-documented declaration forms that showed that his agents didn’t sign on them.

Meanwhile on his part electoral commission lawyer Hamidu Lugolobi has told court that Nyanzi’s application can’t be heard by the chief magistrate court after election results have been declared and transmitted to the Commission by the Returning Officer.

Lugoloobi says Nyanzj ought to have informed the Returning Officer that he intends to challenge the election so that transmission could be delayed by seven days as the law provides.

Justice Esther Nasambu has therefore set the ruling for tomorrow on 28th January 2021.