NAIROBIβ A high-stakes legal battle has erupted ahead of the November 27 Banisa parliamentary by-election, with a local voter accusing United Democratic Movement(UDM) of harboring UDAβs Ahmed Maalim Hassan, a dual Kenyan-British citizenship and Somali origins , potentially derailing the party’s bid to reclaim the seat.
Petitioner Mohamedin Mohamed, a Banisa resident, filed a petition at the Milimani High Court on October 24, seeking to annul Hassan’s nomination. Represented by Ndegwa and Ndegwa Advocates, Mohamed argues that Hassan’s candidacy undermines Kenya’s sovereignty and violates constitutional eligibility rules for MPs.
“Clearing Mr. Hassan was unlawful and irregular; he fails the basic requirements under the law,”Β the petition states, emphasizing that his dual allegiance disqualifies him under Article 99(2)(a) of the Constitution, which bars those owing loyalty to foreign states from parliamentary office.
At the heart of the dispute are discrepancies in Hassan’s identity documents. His Kenyan passport, issued under the name Ahmed Maalim Hassan, lists a Mandera birthplace on April 4, 1974, and expired in April 2012. In stark contrast, a British passport identifies him as Ali Barre Sheto, born January 1, 1976, and hails him as a Somali national from Qoryoley town in Somalia’s Lower Shabelle region. Mohamed further flags two Kenyan national ID cards, both claiming a Mandera East birth, but raises red flags over their sequential numbering.
“Kenyan IDs are issued based on birth dates and application timelinesβit’s statistically impossible for a 1974-born individual to hold a number in the 34 million range, typical of recent registrations,” the petition contends. This, Mohamed alleges, points to fraudulent acquisition of one ID in recent years to mask Hassan’s foreign ties and secure UDM’s nomination.
The controversy intensifies scrutiny on the Independent Electoral and Boundaries Commission (IEBC), which dismissed an earlier complaint without probing the citizenship issue. Article 78(1) mandates single citizenship for public office aspirants, while Article 78(2) explicitly prohibits dual nationality for state officers, including MPs, or defense personnel. By greenlighting Hassan, the IEBC “willfully denied itself the chance to resolve this,” Mohamed asserts.
UDM party, a key ally in the Kenya-Kwanza coalition, has rallied behind Hassan, portraying him as a homegrown leader poised to champion pastoralist concerns in the arid North Eastern region. Party insiders dismiss the petition as politically motivated sabotage, timed to fracture voter support just weeks before polls.
“This is a desperate ploy by rivals to distract from real issues like water scarcity and insecurity,” one UDM official told reporters anonymously.
Hassan’s backers highlight his long-standing community ties, including advocacy for Banisa’s marginalized Somali-Kenyan population. Yet, the dual-ID saga evokes memories of past election nullifications over citizenship fraud, such as the 2017 Supreme Court ruling on presidential polls.
As the High Court weighs the petitionβpotentially before November 27βthe case could redefine eligibility scrutiny in Kenya’s fractious politics. For Banisa’s 30,000-plus voters, it underscores deeper anxieties over identity, belonging, and foreign influence in a border constituency prone to clan rivalries.
Legal experts predict a swift ruling, given the constitutional gravity.
“If proven, this isn’t just disqualificationβit’s a blow to electoral integrity,” said constitutional lawyer Cecil Mbarushimana. UDA’s fortunes hang in the balance, with Hassan leading early polls by a slim margin.
