The civil division of the high court on Monday 16th August kicked off with the hearing of 155 election petition cases related to MPs and local council –lc in the recently concluded general elections.

On wednesday,Civil Division High court in Kampala heard a petition filed by National Unity Platform-NUP’s Fred Nyanzi challenging Muhammed Nsereko for the Kampala Central MP.

However,court couldn’t proceed further and presiding Judge Justice Margrate Apiny adjourned the case
to Monday nextweek.

This was after Nsereko failed to appear in court and his legal council Mutyaba Bernard told the court
that his client was never with served papers in relation to the said petition.

However ,Nyanzi also a brother to the NUP strong man Bobi wine was present in court and his lawyers
dismissed the claims as lies.

Our Court Reporter Rashidah Nakaayi who was present at the proceedings told us Nyanzi seemed infuriated by the claims but his lawyers of Semuyaba, Iga and Company Advocates,intevened
soon.

Nyanzi’ s lawyer Justine Ssemuwaya told court that Nsereko was indeed approached and served .

Ssemuwaya explains that when they tried to serve Nsereko he just threw away the papers while at garden city.

The matter was however adjourned upto next week when they will be scheduling how the case is going to be driven.

Previously,the High Court in Kampala trashed a request by Nyanzi Ssentamu to use newspapers or the court notice board to serve the Kampala Central MP-Elect Nsereko documents seeking to overturn his victory.

Nyanzi had told the court that all reasonable efforts were made to effect personal service to Nsereko in vain .

He, therefore, asked for substituted service such that a copy of the petition to be pinned on the court notice board and for an extension of time to serve Nsereko.

Justice Odoki granted him seven more days to look for Nsereko and serve him personally.

In his petition ,Nyanzi is seeking a court order for fresh elections after citing irregularities at various polling stations in Kampala.

He claims the Electoral Commission-EC errored in  the tallying process which was not done in accordance with Electoral laws.

Nyanzi claims , the failure by the presiding officers to submit results from 7 polling stations, and inconsistencies in the number of votes presented on the declaration of result forms,are among the irregularities.

The petition is accompanied by a voluminous record of evidence from Nyanzi’s 13 polling agents.

This isn’t the first time Nyanzi is trying to overturn Nsereko’s victory.

On January 22, 2021, Nyanzi asked the Mengo Chief Magistrates Court to order for a vote recount.

However, the Mengo Chief Magistrate Esther Nansambu dismissed his application on grounds that Nyanzi was raising matters of electoral offences which would only be determined by the High court which has jurisdiction to entertain such.

 

 

Nyanzi had told the court that all reasonable efforts were made to effect personal
service to Nsereko in vain .

He, therefore, asked for substituted service such that a copy of the petition to be pinned on the court
notice board and for an extension of time to serve Nsereko.

Justice Odoki granted him seven more days to look for Nsereko and serve him personally.

In his petition ,Nyanzi is seeking a court order for fresh elections after citing irregularities at
various polling stations in Kampala.

He claims the Electoral Commission-EC errored in  the tallying process which
was not done in accordance with Electoral laws.

Nyanzi claims , the failure by the presiding officers to submit results from 7 polling stations, and
inconsistencies in the number of votes presented on the declaration of result forms,are among the
irregularities.

The petition is accompanied by a voluminous record of evidence from Nyanzi’s 13 polling agents.

This isn’t the first time Nyanzi is trying to overturn Nsereko’s victory.

On January 22, 2021, Nyanzi asked the Mengo Chief Magistrates Court to order for a vote recount.

However, the Mengo Chief Magistrate Esther Nansambu dismissed his application on grounds that Nyanzi was raising matters of electoral offences which would only be determined by the
High court which has jurisdiction to entertain such.