Its trouble in paradise for the Kampala Central Member of Parliament Muhammed Nsereko after Court of Appeal directed a fresh hearing of his election petition.
Three justices of the Court of Appeal have ruled that a fresh hearing of an petition filed by Fred Nyanzi challenging this victory resumes.
The Justices including Geoffrey Kiryabwire, Stephen Musota, and Christopher Gashirabake threw out a prior judgement by High Court Judge Margaret Apiny dismissing Nyanzi’s petition.The case was dismissed on grounds that Nyanzi failed to serve Nsereko.
Nyanzi had previously dragged both the Electoral Commission and Nsereko to court on March 2021, saying the elections were marred by irregularities.
Nyanzi ‘s lawyers however told court that the MP was served via his WhatsApp number and a written petition left at his Bugoolobi residence with the security guard.
The EC as 2nd respondent in the case had previously sought the court’s indulgence in dismissing the case because the main respondent is not involved.
Court presided over by Justice Margaret Apinya agreed with the EC and threw out the case on grounds that it was not properly served.
he judgment delivered by the court registrar, Jameson Karemani on behalf of the judge reads in part: “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 WhatsApp did not amount to personal service envisioned under rule6(3) of the Parliamentary Election (Election petitions) Rules . It is, therefore, my finding that personal service was not effected upon the third respondent as directed by the court order.”
But in their judgment today, the Court of Appeal Justices ordered that Nyanzi’s petition goes back to the High Court and be heard afresh before another Judge.They contend that Nyanzi followed the legal and reasonable steps to serve Nsereko.
Nsereko was declared the winner with 16,998 votes while Nyanzi from the National Unity Platform came second with 15,975 votes.