Former National Unity Platform Candidate in the Kampala Central Parliamentary race, Fred Nyanzi Ssentamu has officially petitioned High Court seeking to quash the victory of his rival Muhammad Nsereko.
Nyanzi, through his lawyers of Semuyaba, Iga and Company Advocates argues that the January 14 elections which attracted five candidates were not conducted in accordance with the electoral laws.
In the new suit, the Electoral Commission, Kampala Central Returning Officer and Nsereko are first, second and third respondents respectively.
The incumbent Muhammad Nsereko was declared winner after garnering 10,749 votes, while Nyanzi came second with 15,975. Other candidates were; NRM’s Cedric Babu Ndilima who garnered 10,749 votes, FDC candidate, Harold Scandrone Kaija polled 1,679 votes and Ronald Edward Mukasa Ssenkubuge the ANT candidate who garnered 1,653 votes.
Nyanzi however sates that the polls were marred by several irregularities such as failure to count votes in accordance with Electoral laws, understating his votes, failure by the presiding officers to submit results from seven polling stations, inconsistencies in counting and tallying of votes on the declaration of result forms among other concerns.
Adding that the elections were carried out in a way that did not comply with the Parliamentary Elections Act leading to a substantial negative effect on the results. For instance, he argues that seven presiding officers committed Electoral Offenses when they failed to furnish the returning officer with the true declaration of result forms within the specified time, adding that they didn't have any lawful excuse.
He accuses the Presiding Officers and the Returning officer of deliberately making a wrong entry on the final tally sheet by posting wrong votes at some of the polling stations, which affected the final results in the return form for transmission of results to the Electoral Commission. According to Nyanzi, votes from various polling stations were excluded from the final tally sheet and that several credible voters at various polling stations were disenfranchised.
To prove his claims, Nyanzi attached evidence of 50 declaration result forms whose results were purportedly falsified.
He wants the High Court to stop Nsereko from swearing in and declare him the legitimate winner of the polls. Nyanzi also wants the High Court to order a vote recount or elections under the supervision of another Returning Officer and the court to reprimand the Returning Officer of Kampala Central and the Presiding Officers of various polling stations for committing various electoral offences.
On January 22 2021, Nyanzi asked the Mengo Chief Magistrates Court to order for a vote recount but this was denied.
