Africa-Press – Uganda. Mengo Chief Magistrates Court has ordered the loser in the vote recount election application for the Kampala Central seat, Mr Fred Nyanzi- to pay his political rival, Muhammad Nsereko legal fees amounting to Shs38m.
The legal fees arose from an application for a vote recount earlier this year filed by Mr Nyanzi that was later dismissed for lack of merit.
Mr Nyanzi, an elder brother to the leader of the opposition National Unity Platform (NUP) party, Robert Kyagulanyi aka Bobi Wine, had sought for a vote recount on grounds that the alleged electoral malpractices, were orchestrated by Mr Nsereko and EC and that the same had cost him the seat.
Mr Nyanzi had also claimed that a total of 2,577 votes were uncounted for by the EC and that if the same had been included onto the tally sheet, he would have emerged the winner of the January 14 central Kampala legislative poll.
However, on January 28, presiding Chief Magistrate, Esther Nansambu dismissed Mr Nyanzi’s application for a vote recount.
The magistrate reasoned that Mr Nyanzi’s evidence to cause a vote recount, was based on hearsay, which was not admissible in courts of law and dismissed the same with costs.
It’s to that effect that court on Wednesday, taxed the bill of costs filed by MP Nsereko’s lawyers and zeroed down on Shs38m that he spent in defending the vote recount application.
Mr Nsereko, had sought for Shs60m but the presiding magistrate, observed that it was on a higher side before slashing it to Shs38m.
The order of court for Mr Nyanzi to pay his rival legal costs, comes at the time when he has petitioned the Kampala High Court to nullify Mr Nsereko’s victory.
Mr Nyanzi raises 17 grounds in his poll petition against Mr Nsereko, among others, citing alleged electoral malpractices by the EC and Mr Nsereko.
Last week, Justice Phillip Odoki, gave Mr Nyanzi one week to look for Mr Nsereko and serve him with the poll petition.
Mr Nyanzi had told court of how he had failed to physically trace MP Nsereko for purposes of serving him with the petition and that he had wanted court to issue orders and have him served through the media.
