By Wetondo Denis Julius
Mbale high Court has dismissed the petition filed by former youth MP contestant for Eastern region Balunywa Aliza Sumaya against sitting youth MP Bernard Onen Mutusa.
In her her ruling delivered yesterday 18th August 2021, the Presiding Judge, Justice Cornelius Sabbiti said her hands were tied because the resident judge, Justice Geoffrey Namundi had earlier struck off the first respondent, Bernard Onen from the petition.
She further added that the petitioner served the first respondent Bernard Onen late with the copy of the petition. It is upon these grounds that she ruled that the petition be dismissed and also advised the petitioner to go to the court of appeal if she was not satisfied with the ruling.
Robert Bautu, the lawyer representing the petitioner Balunywa Aliza Sumaya said they were aggrieved with the decision of court and vowed to carry the case to the court of appeal. “We are aggrieved by the decision of court. This is what we call travesty of justice,” Bautu said.
“We filed this petition, served all respondents, Mr. Odoi was served even on WhatsApp, we equally served his lawyers Anguria & Co. Advocates but they decided to stay away and what they did they came and found a way of lying to court and court made a decision that we had not served them.” He added.
“We served them duly and when we get to appeal, we know we are going to win this case,” he noted.
The petition was also equally not happy with the court`s dismissal of her petition.
“Am not contented with court ruling today because court has issued a ruling dismissing our petition on grounds that we didn’t serve the first respondent with a copy of the petition,” she said.
Onen was dragged to court on grounds that he was over age beyond 30 year age limit required to contest for youth Member of Parliament and that he had inconsistencies in his names and also had no academic documents. Onen never appeared before court.
Onen also surprised many when he appeared on ballot paper after the electoral commission had dismissed him from the contestants due to age related concerns. This was after court sat on an unusual Sunday and made an injunction that saw Bernard Onen appear on the ballot paper.
Speaking to this reporter after her petition was dismissed, Balunywa vowed not to rest until Onen whom she alleges to be 42 years to lead them.
“We are definitely going to appeal, justice must be served because this is a position for the youth and where we are being led by a 42 year old, we shall not allow that,” Balunywa vowed.