THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(CIVIL DIVISION)

ELECTION PETITION NO. 02 OF 2021

IN THE MATTER OF THE PARLIAMENTARY ELECTIONS ACT, 2005 AND IN THE MATTER OF THE
ELECTION FOR MEMBER OF PARLIAMENT FOR KAMPALA CENTRAL CONSTITUENCY HELD ON
THE 14TH DAY OF JANUARY 2021

NYANZI FRED SSENTAMU ......................................................... PETITIONER AND

1. THE ELECTORAL COMMISSION .....................……………...1ST RESPONDENT

2. THE RETURNING OFFICER, KAMPALA CENTRAL ........... 2ND RESPONDENT

3. MUHAMMAD NSEREKO ...........................…………………...3RD RESPONDENT

PETITION

BROUGHT UNDER:

1. Articles 61 and 64 of the Constitution of Uganda, 1995

2. Sections 15, 58, and 61 of the Parliamentary Elections Act, 2005

3. The Civil Procedure Act and Rules made thereunder

The humble petition of NYANZI FRED SSENTAMU whose address for purposes of this petition is
…….whose names are stated at the petition showeth.

1. The Petitioner, Fred Nyanzi Ssentamu, is an adult male Ugandan, a registered voter and a
former candidate for the position of Member of Parliament for Kampala Central
Constituency in the elections held on 14th January 2021.
2. The 1st Respondent, the Electoral Commission is a statutory body responsible for
organizing and supervising elections in Uganda.

3. The 2nd Respondent, the Returning Officer for Kampala Central was responsible for
conducting and announcing the election results in the said constituency.

4. The 3rd Respondent, Muhammad Nsereko was declared the winner of the said election
by the 1st and 2nd Respondents.

5. The Petitioner challenges the validity of the election on the following grounds of non-
compliance with Electoral Laws.
6. That the 3rd Respondent engaged in acts of voter bribery, undue influence, and
intimidation contrary to Sections 68 and 76 of the Parliamentary Elections Act.
7. That there were several instances of multiple voting and ballot stuffing in favor of the
third Respondent.
8. That the 1st Respondent failed to conduct elections in a manner that was transparent,
free and fair as required by law.
9. That a significant number of the Petitioner’s known supporters were unjustly turned
away from polling stations, denied access to vote or found their names missing from the
voter register.
10. That despite several attempts to serve the third Respondent personally with court
documents, he deliberately evaded service, thereby frustrating the Petitioner’s legal
right to challenge the election results.
11. That the Honorable Court should allow substituted service by way of newspaper
advertisement and other means as deemed fit.
12. That the election was conducted in a manner that contravened the provisions of the
Parliamentary Elections Act, 2005 and other electoral laws but not limited to:
a) Failure by the 1st and 2nd Respondents to ensure free and fair elections in
accordance with Article 61(1)(a) of the Constitution.
b) Unlawful alteration of the Petitioner’s votes during tallying and declaration of
results.
 c) Failure to properly count and record votes as required under Section 47 of the
Parliamentary Elections Act.
13. The petition is supported by the petitioner’s affidavit together with other affidavit of
various deponents to be filed herein.

WHEREFOERE the Petitioner prays for the following orders:

a) A declaration that the election of the third Respondent as Member of Parliament for
Kampala Central was not conducted in compliance with electoral laws and is therefore null and
void.

b) An order for a fresh election to be conducted for the position of Member of Parliament for
Kampala Central.

c) A declaration that the acts of voter bribery, ballot stuffing and multiple voting rendered the
election unfair and non-compliant with the law.

d) An order directing the 1st and 2nd Respondents to ensure strict adherence to electoral laws
in future elections.

e) An order allowing substituted service upon the 3rd Respondent due to his continued evasion
of personal service.

f) Costs of the petition be borne by the Respondents.

DATED at Kampala this 14TH day of January 2021.

FRED NYANZI SSENTAMU

(Petitioner)

DRAWN & FILED BY: M/S Advocates

IN THE HIGH COURT OF UGANDA AT KAMPALA

(CIVIL DIVISION)

ELECTION PETITION NO. 02 OF 2021

IN THE MATTER OF THE PARLIAMENTARY ELECTIONS ACT, 2005 AND IN THE MATTER OF THE
ELECTION FOR MEMBER OF PARLIAMENT FOR KAMPALA CENTRAL CONSTITUENCY HELD ON
THE 14TH DAY OF JANUARY 2021

AFFIDAVIT IN SUPPORT OF THE ELECTION PETITION

I, FRED NYANZI SSENTAMU, of National Unity Platform (NUP), a male adult Ugandan, a
registered voter and a former candidate for the position of Member of Parliament for Kampala
Central Constituency, do hereby make oath and state as follows:

1. THAT I am the Petitioner in this matter and therefore competent to make this affidavit in
support of my petition challenging the election of the 3rd Respondent.

2. THAT I participated as a candidate in the parliamentary election held on 14th January

3. THAT the 1st and 2nd Respondents were responsible for conducting, overseeing and
declaring the results of the said election.

4. THAT the 3rd Respondent, Muhammad Nsereko, was declared the winner of the said
election with 16,998 votes, while I was declared as having 15,975 votes.

5. THAT the election process was marred with irregularities, illegalities and electoral
malpractices that substantially affected the outcome of the election.
 6. THAT the above irregularities and malpractices substantially affected the outcome of the
election and I verily believe that if the election had been conducted in accordance with
the law, I would have been declared the rightful winner.

SWORN at Kampala

this 14th day of 01 2021

FRED NYANZI SSENTAMU

(Deponent)

BEFORE ME:

COMMISSIONER FOR OATHS

DRAWN AND FILED BY:

IN THE HIGH COURT OF UGANDA AT KAMPALA

(CIVIL DIVISION)

ELECTION PETITION NO. 02 OF 2021

IN THE MATTER OF THE PARLIAMENTARY ELECTIONS ACT, 2005 AND IN THE MATTER OF THE
ELECTION FOR MEMBER OF PARLIAMENT FOR KAMPALA CENTRAL CONSTITUENCY HELD ON
THE 14TH DAY OF JANUARY 2021

NYANZI FRED SSENTAMU ......................................................... PETITIONER AND

1. THE ELECTORAL COMMISSION .....................……………...1ST RESPONDENT

2. THE RETURNING OFFICER, KAMPALA CENTRAL ........... 2ND RESPONDENT

3. MUHAMMAD NSEREKO ...........................…………………...3RD RESPONDENT

NOTICE OF INSTRUCTIONS

TO: The Registrar, High Court of Uganda at Kampala

TAKE NOTICE that we M/S………….have been instructed to conduct the above matter on
behalf of the plaintiff FRED NYANZI SSENTAMU to act as his legal representatives in this
matter and to conduct all proceedings on his behalf.

Consequently, all correspondences in relation thereto should be directed to ourselves.

DATED at Kampala this 14th day of 01 2021.

(COUNSEL FOR THE PLAINTIFF)