Justice Kakooza threw out the petition at Mbale high court on Wednesday morning on grounds that it lacks merit. Balunywa ran to court to nullify Odoi’s victory on grounds that he was ineligible to run for the youth parliamentary seat.
Justice Cornelia Sabiti Kakooza has dismissed a petition filed by Sumaya Aliza Balunywa, a former contestant for the Eastern
Region Youth parliamentary seat against her National Resistance
Movement-NRM rival, Benard Oneni Odoi.
Justice Kakooza threw out
the petition at Mbale high court on Wednesday morning on grounds that it lacks
merit. Balunywa ran to court to nullify Odoi’s victory on grounds
that he was ineligible to run for the youth parliamentary seat.
Through her lawyer of Acadia Advocates, Balunywa claimed that Odoi was 39
years of age during nominations and
not 30 years as he claimed, which made him ineligible. She argued that the Eastern Youth MP election failed short
of complying with the provisions of the parliamentary
elections Act, 2005 and section 8D of the parliamentary elections Act (17 of
2015) and regulation 2 of the parliamentary special elections (Special interest
groups) Amendment regulations No.6 of 2011 because Odoi, who is the first
respondent to the suit was not eligible to run as a Youth MP.
In her ruling, Justice Cornelia Sabiti Kakooza, said that the application didn’t hold
merit. She also noted that the applicant didn’t serve the respondent to enable
him to respond to the suit. However, Balunywa’s lawyer, Robert Balut from Acadia Advocates, says that they are dissatisfied
with the ruling, saying they duly served Odoi and his lawyers of Anguria and Company Advocates
He said that they intend to appeal the ruling by next week.
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The Electoral Commission lawyer, Patrick Wetaka told journalists that the petitioner failed to serve the respondents, who applied for dismissal. The National Resistance Movement
and National Identification Registration Authority, who were second and third
respondents respectively also asked for dismissal.
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However, Balunywa insists that they served the first respondent
through his lawyers.
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Cue out:…must be achieved,”//
Before the 2021 elections, the Electoral
Commission cancelled Odoi’s nomination that he was ineligible to run for the
youth parliamentary race because he was above 30 years of age. However, Odoi successfully challenged the decision in the High Court Civil Divisions in Kampala, which reinstated him a day to the race.
In his defence, Odoi
argued that before his nomination, he submitted his National Identity card to
the Electoral Commission indicating that he was born on August 28th, 1991 as
evidence to prove that he was a youth and upon satisfaction, the EC duly
In his judgment, Justice Emmanuel Baguma, said
that Odoi was validly nominated by the Electoral Commission to contest for the
Eastern Region Youth parliamentary seat.