Fred Nyanzi, a brother of Robert Kyagulanyi, aka Bobi Wine, has lost a case in which he sought to be allowed to post an election petition against Muhammad Nsereko on the court’s notice board.
Nyanzi, who is contesting Nsereko’s victory in the race for the Kampala Central MP seat, had requested court to be allowed to post the petition on the court’s notice board, saying he had failed to find the incumbent and serve him.
He had argued that he had gone to Nsereko’s home and office on several occasions but failed to find him.
However, High Court Judge Philip Odoki ruled that Nyanzi has not proved that he has failed to find Nsereko and serve him with the court petition.
The Judge added that one of Nyanzi’s lawyers, in his affidavit, had stated that on March 29, he had found Nsereko at Oasis Mall on Yusuf Lule Road, implying that the legislator can be found.
The judge instead directed Nyanzi to serve Nsereko personally with an election petition within seven days.
In the January 14 general election, the returning officer for Kampala Central, who has been jointly sued along Mr Nsereko and the EC, declared Mr Nsereko as the winner of the hotly contested race with 16,998 votes cast against Mr Nyanzi’s 15,975 votes.
However, Nyanzi went to court and sought a recount but it was rejected. He has since filed an election petition, challenging Nsereko’s victory.
In his petition, Nyanzi raises 17 grounds, citing alleged electoral malpractices by the Electoral Commission and Mr Nsereko, thereby denying him victory.