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MP Nsereko maintains he is not aware of the case before Court

Wednesday August 18 2021
Naynzi and Nsereko

Kampala Central MP Mohammed Nsereko (left) and Fred Nyanzi Ssentamu

By Veronica Kayaga

Kampala Central’s Member of Parliament Mohammed Nsereko's Lawyer has told the Court that his client is not aware of any election petition against his win early this year.

Bernard Mutyaba made the statement before Kampala High Court Judge, Margaret Apinyi as the parties had turned up for the Pre-session meeting to agree on how to proceed and the guidelines to be followed.

However, all the three parties in this case Fred Nyanzi Ssentamu's Lawyer Justin Ssemuyaba, Nsereko Mohammed's Lawyer Bernad Mutyaba and the Electoral Commission Lawyer Edwin Tabaro were not prepared to proceed with the hearing of this case today. They all claim that each of them had coinciding Petitions elsewhere at Mubende, Mbale and Gulu respectively.

But Justice Apinyi gave the Lawyers up to Monday 23rd August 2021 to put their houses in order and come ready to proceed.

The Judge also advised Nyanzi and Nsereko's Lawyers to raise their issues in this matter on Monday. Nyanzi's Lawyer kept demanding answers from Nsereko's Lawyer as to why he has been avoiding this case; to which Justice Apinyi assured Nyanzi that questions to Nsereko will be answered on Monday.

During the Pre-session meeting, Justice Apinyi gave the ground rules for purposes of a smooth hearing of this case.

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The Judge cautioned the parties that where they will be appearing in a Court of Law and not a drama theatre for their supporters. Their advocates were urged to remain professional; no room to entertain unnecessary applications but that they should work towards the expedition of this case.

On 10th March 2021, the loser in the Kampala Central MP race, Nyanzi Fred Ssentamu filed an election petition against the Electoral Commission, the Returning Officer Kampala Central (Musiime Doreen) and MP-elect Nsereko Mohammed. Naynzi is dissatisfied with the outcome of the election that took place on 14th January 2021.

Through Semuyaba, Iga, and Company Advocates Nyanzi argues that the said election was not conducted per the Electoral laws.

“There was noncompliance and failure to conduct a free and fair election, which substantially affected the results,” Nyanzi’s lawyers say.

The Naynzi section also alleges that the election was marred with wrong postings of results on DRForms at some polling stations by the Presiding Officers. They further allege that there were mathematical and arithmetical mistakes that arose due to vote stuffing orchestrated by Nsereko. They say that the Returning Officer never indicated on her Return for Transmission of Results Form.

“This is why the final tally never included several polling stations hence committing an electoral offense,” Naynzi’s lawyers say.

Nyanzi wants Court to set aside Nsereko's Election, declare him(Nyanzi) as the validly elected MP for Kampala Central, or order for fresh elections or a vote recount.

Nyanzi also wants the Retuning Officer and Presiding Officers of the affected polling stations to be reprimanded.

Nyanzi who polled 15,975 votes was in the MP race for Kampala Central with four other contestants including Nsereko who emerged winner with 16,998.

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