Fred Nyanzi appeals against election petition ruling

Kampala, Uganda | THE INDEPENDENT | Former Kampala Central MP contestant Fred Nyanzi has appealed against the High Court decision dismissing his petition challenging the election of Muhammad Nsereko.

Last week, the High Court dismissed Nyanzi’s petition challenging the victory of his rival and Kampala Central Member of Parliament Muhammad Nsereko.

Justice Margaret Apiny dismissed the application on grounds that Nyanzi failed to serve Nsereko, who was the third respondent to the application.

Nyanzi sued the Electoral Commission, the Kampala returning officer and Nsereko in March 2021, citing electoral irregularities including voter bribery.

While the applicant ably served the first two respondents, he failed to serve Nsereko who he accused of dodging service.

Through his lawyers, Semuyaba, Iga and Company Advocates, Nyanzi has filed a notice of appeal before the High Court in Kampala challenging the ruling of Justice Apiny.

“Take note that the appellant in this being dissatisfied with the judgement or ruling of the Honorable Lady Margaret Apiny of the High Court given on 13th September 2021 intends to appeal against the whole of the decision,” reads part of the notice.

During the hearing of the petition, the Electoral Commission used non-service as a ground to seek dismissal of the petition saying that it would defeat the principles of justice if the case continued when the third respondent is not served.

In her judgment, Justice Apiny faulted Nyanzi for not using available remedies like seeking an extension of time to effect the service.

Nyanzi said that the court is setting a precedent dismissing petitions on grounds of lack of service.

Nsereko was declared the winner of the January polls with 16,998 votes. Nyanzi came second with 15,975 votes.

Other contestants were Harold Kaija of the Forum for Democratic Change-FDC who got 1,679 votes, Ronald Edward Ssenkubuge Mukasa of Alliance for National Transformation-ANT with 1,653 votes, while Cedric Babu Ndilima of the National Resistance Movement -NRM got 10,749 votes.

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