Court strikes out 19 affidavits in Nyanzi vs Nsereko petition
Nyanzi’s lawyers, led by Alex Luganda, told the court they had initially filed 22 affidavits. But by court time, they had managed to trace four witnesses, who were available in court.
Fred Nyanzi Ssentamu and his lawyers in court. (Photos by Margaret Zalwango)
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High Court judge Faridah Bukirwa has expunged 19 witness affidavits filed by Fred Nyanzi Ssentamu challenging the declaration of Madiina Nsereko as Member of Parliament for Kawempe South.
Nyanzi petitioned the court, citing irregularities in the January 15, 2026 election where Nsereko was declared the winner.
The petition was set for hearing on Wednesday (October 14).
Nyanzi’s lawyers, led by Alex Luganda, told the court they had initially filed 22 affidavits. But by court time, they had managed to trace four witnesses, who were available in court.
However, only three had valid national identity cards, and one was dropped too.
Mdiina Nsereko during a court session.
Luganda had asked the court for more time so they could try to get to the other witnesses, as they were not available on the phone or at their known places of residence.
The request was objected to by Ahmed Kalule, representing Nsereko.
He told the court that election petitions have limited time to be heard, so they cannot afford to delay over such issues.
In her ruling, Judge Bukirwa noted that the applicant was given a whole week to organise his witnesses and that he has not provided a convincing explanation about the absence of the remaining witnesses.
“This court cannot promote laxity in handling election petitions. The consistency must get a timely decision. In the premises, I hereby expunge the affidavits of the 19 witnesses from the court record," she ruled.
No cross-examination
Kalule told the court that they don’t intend to cross-examine the three witnesses because they hold no substance.
Luganda told the court they intend to cross-examine the Kampala district returning officer, Rashid Hasakya, saying he is the cause of the petition before the court. He added that they have no interest in asking Nsereko any questions.
The judge adjourned the matter to next Monday, October 19, for cross-examination of Hasakya.