Court has dismissed the application filed by Kampala Central MP aspirant Fred Nyanzi contesting the declaration of Muhamad Nsereko as MP-elect in the recently concluded election.
In a ruling made on Thurday, the presiding magistrate Esther Nassambu ruled that Nyanzi’s application lacked sufficient evidence to prove the claims of election fraud but only relied on hearsay.
Fred Nyanzi petitioned the Mengo Chief Magistrates Court seeking for a vote recount stating that the voting process and counting of the votes were marred by malpractices and irregularities committed by both the Electoral Commission officials and Nsereko’s agents.
Nyanzi accused some of the presiding officers of denying his agents access to voting areas singling out different polling stations including Summit View, Nakasero 1 and 2, Hoima Flats among others. He also accuses Nsereko and his agents for altering the declaration of result forms and destroying original copies of the forms among others.
The magistrate ruled that most of the allegations by Nyanzi were not supported by evidence but only hearsay without a single affidavit attached in proof that any of his agent was chased away from polling stations and neither did he produce any declaration form signed by his agents as alleged.
“Most of the allegations by the applicant are not based on factual evidence but based on hearsay. He has not even provided a single affidavit from his agent who was chased away from any polling station and nether has he produced a DR from which was not sent by his agents and he doesn’t specifically name the agents A B or C who were chased away” she said.
“The applicant has not shown sufficient cause and premised this application on which mainly hearsay which as everyone here knows is not admissible in evidence in court…. So since no good cause has been shown to warrant a recount, this court is not in custody of the ballot boxes and cannot certainly ascertain whether the ballot boxes are still intact or they are stacked by other ballots have been removed; To carry out a recount court must make sure that the purpose for it is achievable…and since this court is not in custody of the ballots, it puts the court at the mercy of whoever is in custody of the ballots. This court does not want to go there. So, the application for a recount for votes for Kampala Central is hereby dismissed with costs”
“This court politely declines to oblige to that a fishing expedition. The threats, malpractices, undue influence, intimidation are not a preserve of this court neither do they fall under section 55 of the Act. Nullifying the election is the preserve of the High Court not this court.”
The magistrate also stated that Nyanzi wrongly accused the Electoral Commission since evidence shows all his agents signed declaration forms which bounds him to the results declared and therefore he should instead turn his guns to his agents who accepted the results.
Speaking after the ruling, Nsereko accused Nyanzi of working to tarnish his name claiming it has been a practice for National Unity Platform to mudsling politicians.
Nsereko says when the new parliament, he is ready to table an amendment to the law to have MP hopefuls to undergo medical check-up as perquisite for nominations.
However, Nyanzi through his lawyers stated that they are appealing in the High Court claiming there is evidence of gross election malpractices to nullify Nsereko’s victory.
