What you need to know:
- The three judges of the appellate court led by Justice Geoffrey Kiryabwire ordered Nyanzi to serve Nsereko afresh and the petition be heard afresh by a different judge
Court of Appeal has ordered for a retrial of a petition filed by National Unity Platform (NUP)’s Fred Nyanzi Ssentamu challenging the victory of Muhammad Nsereko as Member of Parliament for Kampala Central Division.
This was after Nyanzi, a brother to former presidential candidate, Robert Kyagulanyi alias Bobi Wine adduced sufficient evidence before the appellate court proving that Mr Nsereko made it hard to be served with the said election petition as the law required.
The three judges of the appellate court led by Justice Geoffrey Kiryabwire ordered Nyanzi to serve Nsereko afresh and the petition be heard afresh by a different judge.
During hearing of the petition at the High Court, Mr Nsereko contested it on ground that it was illegal since he was never served.
Mr Nsereko never turned up in the High Court, claiming that he was not aware of any case filed challenging his victory and that the Electoral Commission that had initially responded to the said petition turned around and asked the High Court in Kampala to dismiss it in support of him (Nsereko).