By Spy Uganda
After a heavy defeat in previously concluded parliamentary polls, Mengo chief magistrate’s court has ordered Kampala Central MP candidate Fred Nyanzi to pay over Shs 38 million to his rival Hon. Muhammad Nsereko as costs for wasting MP’s time.
Chief magistrate Esther Nansambu read her taxation saying the Shs38.7 million is a sufficient amount to compensate Nsereko the loss he incurred while defending the application that Nyanzi filed way out of the stipulated time frame.
Nyanzi was further ordered to pay costs to the Electoral Commission, a bill that has not yet been taxed by the court.
The ruling arose from an application filed by Mr Nyanzi in which he argued that the court process server, who was assigned to serve the poll petition to Mr Nsereko, failed to locate him at all his known places, including Parliament.
Presiding judge Phillip Odoki said that he was not convinced by Mr Fred Nyanzi Ssentamu’s argument that he had failed to locate Mr Nsereko.
“Having failed to show the date, the time, whom he interacted with when he (court process server) went to effect service, I am not satisfied that all reasonable efforts were made by the process server to effect service on the 3rd respondent. I will, therefore, decline to grant the applicant the prayer to serve the 3rd respondent by substitute service and/ or by posting it upon the court’s notice board,” ruled Justice Odoki.
Background Of The Case
Nyanzi, a candidate of the opposition National Unity Platform lost the bid to Parliament to Nsereko in polls held on January 14. According to results released by the Electoral Commission, Nsereko, an independent candidate, polled 16,998 Votes, against Nyanzi’s 15,975 votes.
But Nyanzi challenged the outcome of the polls on grounds that the process was marred by irregularities. He cited the failure by the Electoral Commission to ensure that the tallying is done in accordance with Electoral laws, the failure by the presiding officers to submit results from seven polling stations, and inconsistencies in the number of votes presented on the declaration of result forms, among others.
