By Farooq Kasule
The High Court in Kampala has dismissed an election petition in which National Unity Platform’s (NUP) Fred Nyanzi had sought to nullify the victory of Kampala Central MP Muhammad Nsereko.
Delivering the ruling Monday, April 24, Justice Jessey Byaruhanga said Nyanzi had no sufficient evidence to support the allegations that Nsereko falsified the election results.
“The petition is hereby dismissed with costs,” ruled the judge.
Nyanzi, the elder brother of NUP president Robert Kyagulanyi Ssentamu, wanted Nsereko thrown out of Parliament on grounds that he was declared the winner based on falsified results.
Testifying in defence of Nsereko’s victory, the Electoral Commission returning officer for Kampala Central, Doreen Musiime, told the court that despite some mismatch and mathematical errors, Nsereko won the elections with a margin of 1,023 votes.
Cross-examined by Nyanzi’s lawyer, Justin Semuyaba, on whether she verified the results, Musiime said: “My role was to add up the results on the declaration forms and I couldn’t investigate issues of ballot stuffing, falsified figures without a complaint from the petitioner.”
On the issue of whether the results balance with the total number of votes cast, Musiime said: “My focus was mainly on the valid results because it is the one, we use to declare the winner.”
However, some of the polling agents such as Robert Masembera admitted to falsification of results during the tallying in their affidavits.
Asked about the polling agent’s claims, Musiime said she was not aware since there was no complaint lodged to her office over the same.
On his part, Nsereko asked the court to investigate the matter, saying he had nothing to say. “It is trite law that one who alleges must prove,” Nsereko said.
Background
In June last year, the Court of Appeal ordered a fresh hearing of the petition so that it is determined on its merits.
High Court Judge Margaret Apiny who initially heard the petition had dismissed it on grounds that Nyanzi failed to serve Nsereko as required under the law.
However, upon perusal of the records of the proceedings, justices Geoffrey Kiryabwire, Stephen Musota and Christopher Gashirabake ordered for retrial of the petition, saying Nyanzi made the required efforts to serve Nsereko but he dodged him.
Nyanzi had argued that around 2,000 votes were not tallied, yet the margin between them was less than 2,000 votes.
Nsereko was declared the winner by the Electoral Commission with 16,998 votes while Nyanzi came second with 15,975 votes.
Nyanzi had sought nullification of Nsereko’s victory, arguing that the election was not free and fair as there was allegedly non-compliance with the electoral laws.
According to Nyanzi, the election was marred with malpractices and alteration of the results in favour of Nsereko.
Nyanzi contended that some of his agents were coerced to sign the declaration forms while others were chased away.
However, Nsereko wanted the petition dismissed, saying it lacked merit.
