Muhammad Nsereko, a Kampala Central MP, has accused his National Unity Platform opponent Fred Nyanzi Ssentamu of conflating law and theater.
Nyanzi’s lawsuit challenging Nsereko’s election in the January 14 polls was dismissed by the High Court in Kampala on Tuesday.
According to the court, the second respondent, Nsereko, was not properly served with the petition as required by law.
“The successful attempts to serve the third respondent at parliament, the Chief Magistrates Court in Mengo, and his Bugoloobi residence, as well as the transmission of the documents via Whats App, did not constitute personal service as defined by rule 6(3) of the Parliamentary Election (Election petitions) Rules. As a result, I have reached the conclusion that personal service on the third respondent, as required by the court order, was not carried out,” Justice Margaret Apiny said.
“In the instant case, service was anticipated of the petitioner (Nyanzi) by personally serving the third respondent rather than depositing the notice of presentation of the petition at the gate.”
In response to the court decision, Nsereko expressed his gratitude for the development, which reaffirmed his position in parliament.
“Those who are displeased have the right to petition the court, and he did start with a recount, which he lost badly. He went to a higher court and was found guilty on a preliminary objection, which is legal,” Nsereko said on Tuesday.
“The law is the law, and drama has no place in it.” He went out and got orders to serve, but the problem is that you have to finish them. Is he sure he’s tried everything? No, that is not the case. You can’t play games with people’s emotions by coming honest in this matter.”
Nsereko, who never appeared in court, said that the verdict vindicated the people of Kampala Central, who voted for him in the January 14 elections.