Mengo Chief Magistrate Esther Nsambu has dismissed an application which was filed by Fred Nyanzi Ssentamu for vote recount for Kampala Central constituency challenging the win of MP elect Hon Muhammad Nsereko.
Lawyers of Nyanzi the Political Rival of Kampala Central MP Elect Muhammad Nsereko asked Mengo Court to order for a vote recount in 50 Polling Stations that Nyanzi claims to have been marred with malpractices and alterations of results.
The Lawyers led by Anthony Wameli from NUP, have told the Court that Nyanzi’s agents were threatened and chased away from polling stations. They also claim that there was connivance between the Electoral Commission and Nsereko to alter and manipulate results recorded on many of the Declaration of Results Forms.
They also argued that the declaration Forms which were tallied by EC officials have clear errors and different figures which can’t be explained by EC.
Lawyers contended that these alterations and malpractices unjustly and wrongfully denied their client a victory especially when there’s a numerical question of 2,557 votes that cannot be accounted for after Nyanzi carried out his own tally.
Nsereko who was declared winner polled 16,998 while Nyanzi who was the first runner up polled 15,975 giving a difference of 1,022
Nsereko’s Lawyers led by Bernard Mutyaba in reply to Nyanzi said that the application was incurably defective as it is based on hearsay evidence.
“The malpractices talked of are not supported by sufficient documentary evidence for the court to base on to order for a vote recount,” Mutyaba told the court.
Mtyaba and team further added t that there were no names or affidavits of polling agents threatened and chased from polling stations neither are all the 53 talked of and contested DR Forms attached or any report of forgery presented to Court.
Mutyaba asked the Court to dismiss the application as lacking merit and intended to prejudice his client Nsereko maintaining that if there was any anomaly in this election it would have been rejected on polling day by Nyanzi.
On Thursday morning,chief magistrate Esther Nsambu dismissed the application with costs.
