The High Court in Kampala has dismissed a petition filed by the National Unity Platform’s (NUP) Fred Nyanzi, challenging the victory of Muhammed Nsereko as the Kampala Central Member of Parliament.

Nyanzi, who dragged both the Electoral Commission and Nsereko to court, says the elections were marred by irregularities.

However, since the petition kicked off, neither Nsereko nor his lawyers have appeared in court on grounds that they were never served.

Nyanzi ‘s lawyers contend that the MP was served on his WhatsApp number and a written petition left at his Bugoolobi residence with the security guard.

On Tuesday morning , the petitioner Nyanzi appeared in court represented by Justine Semuyaba his lawyer.

However, none of the respondents (electoral Commission and Hon. Mohammed Nsereko) showed up at the High Court today and neither did their lawyers.

The EC as 2nd respondent in the case had previously sought the court’s indulgence in dismissing the case because the main respondent is not involved.

Court presided over by Justice Margaret Apinya agreed with the EC and threw out the case on grounds that it was not properly served.

“Having found that the third respondent was not served, it, therefore, follows that the petition is incompetent and as such must be struck out. Consequently, election petition no.02 of 2021 is hereby struck out for lack of service upon the third respondent.”

The judgment delivered by the court registrar, Jameson Karemani on behalf of the judge reads in part: “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 WhatsApp 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.”

After the court session, a furious and seemingly shocked Nyanzi blamed the court for taking long to deliver the ruling.

Nyanzi says despite this ruling, his next course of action is to seek advice from his lawyers on the way forward.

This is the second time Fred Nyanzi is losing the court case.

In April this year, Mengo Chief Magistrates Court ordered Nyanzi to pay his political rival, Nsereko, legal fees amounting to Shs38m.

The legal fees arose from an application for a vote recount earlier this year filed by Nyanzi that was later dismissed for lack of merit.

Compiled by Rashidah Naakayi