MP Nsereko Beats Fred Nyanzi’s Election Petition

For the third time, NUP’s Fred Nyanzi has lost an electoral petition through which he hoped to unseat Kampala Central MP Nsereko Mohammad. Jesse Rugyema Byaruhanga, the High Court Judge ruled that Mr Nyanzi failed to provide enough convincing and credible evidence against Nsereko.

He argued that the Electoral Commission (EC) and Mr Nsereko failed to comply with the electoral laws. He, therefore, said both parties committed electoral offenses in the January 2021 parliamentary elections.

“It follows that the petitioner would not be entitled to the declaration that he was validly elected winner as MP for Kampala [Central] constituency or any of the remedies prayed for. The third respondent (Nsereko) was validly elected as MP for Kampala [Central] constituency,” the judge ruled.

Mr Jamson Karemani, the deputy registrar of the Civil Division read the judgment on the judge’s behalf.

Another observation by court showed that when Nyanzi realized the irregularities, he complained for a recount to the returning officer. However, though, this issue was settled before the Chief Magistrate’s court.

“In the premises that the matter before me is not an application for revision or an appeal against the refusal for a recount. I am not prepared to delve into it though this court would still have powers to order a recount if there are valid grounds for it,” Mr Karemani read.

Mr Nyanzi had to establish a clear basis for a recount. This is in the areas he felt unsatisfied during the preliminary hearing.

This means that his complaint should have named the specific polling stations where he wanted the votes recounted.

Furthermore, the judge noted that Mr Nyanzi used information from his agents. He also got the same from declaration forms to get grounds for a recount.

These same agents had endorsed forms certifying that the elections reflected the citizens’ will.

“In the premises, I declare the third respondent, Nsereko, as the validly elected MP. The petition is in the premises dismissed with costs,” the judge ruled.

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