Kampala Central MP, Muhammad Nsereko has accused his rival and National Unity Platform’s Fred Nyanzi Ssentamu of confusing law with drama.
On Tuesday, the High Court in Kampala dismissed a petition in which Nyanzi challenged Nsereko’s election in the January 14 polls.
The court said Nsereko, the second respondent was not duly served with the petition as required by the law.
“The attempts to serve the third respondent at parliament, Chief Magistrates Court in Mengo, his Bugoloobi residence with success and the transmission of the documents on Whats App did not amount to personal service envisioned under rule6(3) of the Parliamentary Election (Election petitions) Rules . It is therefore my finding that personal service was not effected upon the third respondent as directed by the court order,” Justice Margaret Apiny said.
“In the instant case, the service that was expected of the petitioner (Nyanzi) was by effecting serving upon the third respondent personally and not place it in a conspicuous place as was done by depositing the notice of presentation of the petition at the gate.”
Speaking in response to the court ruling, Nsereko welcomed the development that confirmed his place in parliament.
“The law gives chance to those that are dissatisfied to petition and for sure, he did start with a recount where he lost miserably. He proceeded to a higher court and has been beaten on a preliminary objection and that is acceptable in law,” Nsereko said on Tuesday.
“The law is the law, you cannot confuse it with drama. He went and sought orders to serve and the issue is that you must exhaust those orders. Did he exhaust the remedies? The answer is no. You can’t play around people’s sentiments by coming to play clean in this matter.”
Nsereko who never appeared in the court said the ruling has seen justice served for the people of Kampala Central who voted him in the January 14 polls.