RULING: High Court judge Margret Apinyi Tuesday dismissed the petition on grounds that Nsereko was not dully served by his rival.
Court has dismissed a petition in which former Kampala Central MP contestant Fred Nyanzi was challenging the victory of incumbent Mohammed Nsereko in the 2021 Parliamentary elections.
Nyanzi, a brother to former presidential candidate Robert Kyagulanyi Ssentamu aka Bobi Wine petitioned court seeking for a vote recount as he claimed that several votes at various polling stations were not included in the final tally sheet in addition to disfranchisement of several eligible voters.
In her ruling, High Court judge Margret Apinyi Tuesday dismissed the petition on grounds that Nsereko was not dully served by his rival.
Consequently, the judge confirmed Nsereko as the validly elected MP for Kampala central division.
“The law is the law, you cannot confuse it with drama. He [Fred Nyanzi] should stop sending his agents to plead with me to forgive him of the costs because he did this with the aim of tarnishing my name,” Nsereko told reporters shortly after the court proceedings.
However, Nyanzi, who stood on the National Unity Platform ticket, contested the ruling. He said that Nsereko intentionally flew out to the US and blocked all avenues of serving him the petition.
“Like I stated last week that the Uganda Judiciary is on test as a pillar for provision of rule of law, constitutionalism and national stability , the Judiciary is supposed to provide justice . Today our petition against the EC and Nsereko Muhammad has been struck out illegally on forged technicalities,” Nyanzi said.
“We arrived at court expecting to hear the ruling at 9am which was ready and to be delivered by Justice Margret Apinyi only to our surprise another team headed by Karamani took over and gave a different judgement an hour later. This ruling has dragged on for two weeks . Mind you justice delayed is justice Denied .It’s not the end , this was just another battle . The war is on,” he added.
In January 2021 elections, Nsereko polled 16,998 while Nyanzi emerged second with 15,975 votes.