The High Court in Kampala has dismissed with costs a petition filed by National Unity Platform (NUP)'s Fred Nyanzi Ssentamu challenging the victory of Muhammad Nsereko as Member of Parliament for Kampala Central Division.
The High Court Judge Jessy Byaruhanga dismissed the case on grounds that the petitioner failed to provide evidence of noncompliance of electoral offenses which can prove the allegations of bribery and ballot stuffing.
The judges ruled that no witnesses were brought by Nyanzi to pin Nsereko on election harassment and ballot stuffing by the military.
The petitioner did not did not give compelling reasons for the recount of votes, according to the judges.
Shortly after the court ruling, Nsereko thanked his voters for standing with him, adding that he will continue to serve the people of Kampala.
"We have gone through a vigorous process but justice has been served. This really assures us the decision that was made by the lower court but ultimately. We thank God. For those who have lost today, hope is not over and if you want to serve the people of Kampala go to them, probably they will vote for you," he said.
In 2022, the Court of Appeal ordered a fresh hearing of a petition in which Nyanzi was contesting the election of Nsereko as the MP for Kampala Central.
The panel of three justices comprising; Geoffrey Kiryabwire, Stephen Musota, and Christopher Gashirabake delivered the ruling after setting aside a High court decision, which dismissed Nyanzi's petition.
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Nyanzi's petition was dismissed by Justice 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 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 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.
