The lawyers representing the former National Unity Platform (NUP) presidential candidate Robert Kyagulanyi Ssentamu (Bobi Wine), have so far failed to trace President Yoweri Museveni to serve him with copies of the petition challenging the outcome of the January 14 presidential elections.
Anthony Wameli, the head of NUP’s legal department, spent most of his time on Tuesday looking for Museveni whom they want to personally serve but all in vain.
Bobi Wine’s electoral petition was filed on Monday, giving his legal team three days within which to serve the respondents to the suit namely; Museveni, the Electoral Commission (EC) and the Attorney General (AG) as per the law.
Wameli visited the National Resistance Movement (NRM) party headquarters on Kyaddondo road in Kampala but did not find anyone willing to receive the petition on Museveni’s behalf.
They then went to the State House, Nakasero, but were told that Museveni has not been there for some good months.
Wameli said that they hope to try going to State House, Entebbe, and if the fail, they will apply to court to allow them to serve him through the press.
The EC declared Museveni winner with 6,042,898 votes representing 58.38 percent while Kyagulanyi got 3,631,437 votes which is 35 percent of the total valid votes cast.
But Kyagulanyi disputed the results, hence petitioning the Supreme Court seeking to set aside Museveni’s victory on grounds that the elections were not free and fair as it was characterized by a number of irregularities like fraud, voter bribery, intimidation, violence that resulted into loss of lives, arrests among others.
NRM’s director of communications and publicity, Emmanuel Dombo said that Museveni is in the country and they have not received any information of him going abroad.
He advised the Kyagulanyi lawyers to look for him from his known official address in Entebbe and if they fail, they seek other alternative ways of serving him as prescribed under the law.
The law provides that if someone is sued in their individual capacity they are supposed to be served with the documents personally and you cannot give them to someone else to pass them onto the person sued.
If one fails to serve them personally, one goes back to the court where the case is filed and file an application with supportive affidavits seeking for substituted service.
It is through this order that one can proceed and serve that person through newspapers.
The other respondents – the EC and AG were served through court process servers but they were also at the court when the petition was being filed.
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