By Farooq Kasule
National Unity Platform (NUP) 2021 general election flag-bearer for Kampala Central MP seat Fred Nyanzi has lost a bid to block payment of sh38.7m to his rival and incumbent MP Muhammad Nsereko.
This follows dismissal of his application in which he sought extension of time to appeal against the award of the money to Nsereko by Mengo Chief Magistrates Court on April 21, 2021.
The debt arises from Nyanzi’s dismissed case concerning vote recount.
In a ruling delivered on Monday, October 31, 2022, High Court Judge Musa Ssekaana ruled that Nyanzi failed to present sufficient cause for failure to lodge an appeal in time.
“The applicant does not avail court material facts that failed him to lodge an appeal on time and yet he cites the lockdown and the application for extension of time seems to be an afterthought which this court should not entertain,” Ssekaana ruled.
However, the legal battle between the two over the seat ranges on. While Nsereko emerged victorious in the Magistrate and the High courts, Nyanzi won in the Court of Appeal.
The Court of Appeal, which has the final say on Parliamentary election petitions, has since ordered for a retrial of the case, but it is yet to be heard.
The panel of three Court of Appeal Justices comprising Geoffrey Kiryabwire, Stephen Musota and Christopher Gashirabake found that Nyanzi had done all the necessary steps required to serve Nsereko although he dodged the same and that the High Court erred in law and fact in dismissing the case for lack of service.
Nsereko was declared the winner with 16,998 votes, while Nyanzi from the National Unity Platform party came second with 15,975 votes.
Nyanzi, however, claims that he was robbed of his victory by Nsereko through alleged alteration of the declaration forms.
