High court judge Margaret Apiny has on Tuesday dismissed an election Petition in which National Unity Platform’s (NUP) Fredrick Nyanzi Ssentamu challenged the victory of Hon Muhammad Nsereko as the Member of Parliament representing Kampala Central.
In his petition, Nyanzi who was among the contestants for the same seat in the January 2021 Elections, accused Nsereko of engaging in election malpractices.
Nyanzi claimed for instance that out of 50 polling stations, there was arithmetical errors that the Electoral Commission failed to explain which was one of the signs of noncompliance of the Electoral laws.
But in her ruling, the trial Magistrate pointed out that having failed to physically serve the 3rd Respondent (Nsereko) as required by law, the whole Petition became incompetent before court.
“Consequently, election petition No. 02 of 2021 is hereby struck out for lack of service upon the 3rd respondent.” ruled the judge
Court based its decision on the four affidavits which were filed in court by Nyanzi’s lawyers indicating that although they tried their level best to physically serve Him Nsereko they did not succeed.
The four affidavits include one of Fred Nyanzi, two belonging to High Court Process servers and one of the LC 1 Chairperson, Nakawa Division Kampala the place of residence of Hon Nsereko.