Three justices of the Court of Appeal have ruled that a fresh hearing of a petition filed by Fred Nyanzi challenging the victory of Muhammad Nsereko as the Member of Parliament for Kampala Central.
The Justices, including Geoffrey Kiryabwire, Stephen Musota, and Christopher Gashirabake, squashed an earlier High Court judgment by Judge Margaret Apiny dismissing Nyanzi’s petition.
The dismissal was premised on grounds that Nyanzi failed to serve Nsereko.
Nyanzi dragged both the Electoral Commission and Nsereko to court in March 2021, saying the elections were marred by irregularities.
Since the petition kicked off, neither Nsereko nor his lawyers appeared in court on grounds that they were never served.
Nyanzi's lawyers however contended that the MP was served via his WhatsApp number and a written petition left at his Bugoolobi residence with the security guard.
In their judgment today, the Court of Appeal Justices ordered that Nyanzi’s petition goes back to the High Court and be heard afresh before another Judge.
They contend 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(NUP) came second with 15,975 votes.