Why Court of Appeal ordered for fresh hearing of NUP’ Nyanzi, MP Nsereko’ election Petition

The Court of Appeal has ordered a fresh hearing of a petition in which Fred Nyanzi is contesting the election of Muhammad Nsereko as the Member of Parliament for Kampala Central.

The panel of three court of appeal Justices comprising Geoffrey Kiryabwire, Stephen Musota, and Christopher Gashirabake delivered the ruling on Friday after setting aside a high court decision, which dismissed Nyanzi’s petition.

Nyanzi’s petition was dismissed by Judge Margaret Apiny on grounds that Nyanzi failed to serve Nsereko.

Nyanzi sued the Electoral Commission, the Kampala Returning Officer, and Nsereko in March 2021 citing electoral irregularities including voter bribery.  While Nyanzi served the first two respondents, he failed to serve Nsereko who he accused of dodging service. 

In their judgment, the Court of Appeal Justices Geoffrey Kiryabwire, Stephen Musota, and Christopher Gashirabake ordered that Nyanzi’s petition goes back to the High Court and be heard afresh before another Judge.

According to the justices, they believe that Nyanzi followed the legal and reasonable steps to serve Nsereko.

Nsereko was declared the winner with 16,998 votes while Nyanzi from the National Unity Platform came second with 15,975 votes.

Nyanzi challenged Nsereko’s victory citing alleged failure by the EC to ensure that the tallying is done per Electoral laws, the failure by the presiding officers to submit results from seven polling stations, and inconsistencies in the number of votes presented on the declaration of result forms, among others

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