Through his lawyers, Semuyaba, Iga and Company Advocates, Nyanzi has filed a notice of appeal before the High Court in Kampala challenging the ruling of Justice Apiny.
Fred Nyanzi with some of his supporters outside Court at Twed Towers
Kampala Central MP contestant Fred Nyanzi has appealed against the High Court decision
dismissing his petition challenging the election of Muhammad Nsereko.
Last week, the High Court dismissed Nyanzi’s petition challenging the victory
of his rival and Kampala Central Member of Parliament, Muhammad Nsereko.
Margaret Apiny dismissed the application on grounds that Nyanzi failed to serve
Nsereko, who was the third respondent to the application.
sued the Electoral Commission, the Kampala returning officer and Nsereko in
March 2021, citing electoral irregularities including voter bribery.
the applicant ably served the first two respondents, he failed to serve Nsereko
who he accused of dodging service.
his lawyers, Semuyaba, Iga and Company Advocates, Nyanzi has filed a notice of
appeal before the High Court in Kampala challenging the ruling of Justice
“Take note that the appellant in this being dissatisfied with the judgement or
ruling of the Honorable Lady Margaret Apiny of the High Court given on 13th
September 2021 intends to appeal against the whole of the decision” reads part
of the notice.
During the hearing of the petition, the Electoral Commission used non-service
as a ground to seek dismissal of the petition saying that it would defeat the
principles of justice if the case continued when the third respondent is not
In her judgment, justice Apiny faulted Nyanzi for not using available remedies
like seeking an extension of time to effect the service.
said that the court is setting a precedent dismissing petitions on grounds of
lack of service.
was declared the winner of the 14th January 2021 16,998 votes. Nyanzi came
second with 15,975 votes.
Other contestants were Harold Kaija of the Forum for Democratic Change-FDC who
got 1,679 votes, Ronald Edward Ssenkubuge Mukasa of Alliance for National
Transformation -ANT got 1,653 votes, while Cedric Babu Ndilima of the National
Resistance Movement -NRM got 10,749 votes.