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Kampala Central MP poll petition set for judgment
Mohammed Nsereko, Kampala Central MP, and Fred Nyanzi Ssentamu. Photos | File
What you need to know:
- Presiding High Court judge Margaret Apinyi said she would deliver her judgment at a later date, legally known as judgment on notice.
- This was after the judge directed all the parties involved in the poll dispute to file their respective written submissions from which she would base on to deliver her verdict.
The election petition in which Mr Fred Nyanzi Ssentamu of the National Unity Platform party is challenging the re-election of Kampala Central MP Mohammed Nsereko is now pending judgment.
Presiding High Court judge Margaret Apinyi said she would deliver her judgment at a later date, legally known as judgment on notice.
This was after the judge directed all the parties involved in the poll dispute to file their respective written submissions from which she would base on to deliver her verdict.
This was after the Electoral Commission lawyer, Mr Eric Sabiiti, asked the court to dismiss Mr Nyanzi’s election petition on grounds of non-service.
Mr Sabiiti argued that there was no way court can proceed with the hearing of an election petition when the party being challenged had been served as required by election laws.
Mr Nsereko, through his lawyers, has insisted that he has never been served with Mr Nyanzi’s poll petition and he has to that effect, never stepped in court over the same matter.
In mid-April, court declined to grant a request by Mr Nyanzi to serve Mr Nsereko with the election petition through substitute service after allegedly failing to physically trace him at his home, Parliament and other places he frequents.
Then presiding Judge Phillip Odoki observed that he was not convinced by Mr Nyanzi’s argument that he had failed to locate Mr Nsereko since he had travelled out of the country.
Mr Nyanzi is seeking to nullify the re-election of Mr Nsereko, citing at least 17 grounds of alleged electoral malpractices by the Electoral Commission and Mr Nsereko.
He also claims that 50 polling stations had clear arithmetical errors, which can’t be explained by the electoral body.
In the January 14 General Election, the returning officer for Kampala Central, who has since been jointly sued along Mr Nsereko and the EC, declared Mr Nsereko the winner of the hotly contested race with 16,998 votes against Mr Nyanzi’s 15,975 votes.
The other contestants in the race were Mr Harold Kaija Scandrone (FDC) with 1,679 votes, Mr Ronald Edward Ssenkubuge Mukasa (ANT) with 1,653 votes, and Mr Cedric Babu Ndilima (NRM) with 10,749 votes.
