The High Court has dismissed an election filed by National Unity Platforms- NUP’s Fred Nyanzi Sentamu against the re-election of Kampala MP Muhammad Nsereko.
In his ruling, Justice Jessey Byaruhanga said Nyanzi failed to avail evidence that the Nsereko and electoral commission falsified the election results.
“The petition is hereby was dismissed with costs,” he ruled.
On March 10, 2021, Bobi Wine’s brother Nyanzi filed an electoral petition against the Electoral Commission, the Returning Officer Kampala Central Ms. Doreen Musiime and Nsereko.
Through his lawyers led by Justin Ssemuyaba, Nyanza wanted the court to order for recounting of votes in the 50 polling stations gazetted Kampala Central. Nsereko is the only MP who won the election in Kampala with the rest being won by the National Unity Platform (NUP).
“There was noncompliance and failure to conduct a free and fair election, which substantially affected the results,” Nyanzi’s lawyer said. Nyanzi averred that the electoral process was marred with malpractices and alterations of results. He told the Court that his client’s agents were threatened and chased away from polling stations.
Nyanzi contended the Electoral Commission connived with Nsereko to alter and manipulate results recorded on many of the Declaration of Results Forms. He said that the electoral fraud denied him victory since 2,557 votes that cannot be accounted for. Nsereko was declared winner after garnering 16,998 votes as his closest opponent, Nyanzi polled 15,975 giving a difference of 1,022 votes.
In June 2022, Court of Appeal ordered for fresh hearing of the petition after high court judge Margret Apiny had dismissed the matter for lack of sufficient evidence to show electoral malpractices.