NAIROBI — High Court has dismissed the election petition filed against United Democratic Alliance (UDA) candidate Ahmed Maalim Hassan for the Banisa parliamentary by-election on Thursday, paving the way for the November 27 vote to proceed unhindered.
The case, lodged by Banisa voter Mohamedin Mohamed on October 24, accused Hassan – the brother of the late MP Kullow Maalim Hassan, who passed away in April 2023 – of holding dual Kenyan-British citizenship, rendering him ineligible under Article 99(2)(a) of the Constitution. Mohamed alleged discrepancies in Hassan’s passports: a Kenyan document listing his birth as April 4, 1974, in Mandera, versus a British one under the name Ali Barre Sheto, dated January 1, 1976, and claiming Somali origins.
Justice Lawrence Mugambi, in a swift hearing expedited due to the impending election, ruled that the petitioner failed to meet the threshold for conservatory orders or suspension. “The electoral process must not be derailed by unsubstantiated claims,” the judge declared, consolidating the matter for full merits hearing post-poll if needed.
Hassan’s clearance by the Independent Electoral and Boundaries Commission (IEBC) in October had already sparked controversy. Earlier, a DCP contender withdrew amid rumors of State House influence, consolidating support behind UDA.
UDA Secretary General Hassan Omar hailed the verdict as “a victory for democracy and the will of Banisa’s people.” Governor Mohamed Adan Khalif, a key UDA ally, urged unity, emphasizing the by-election’s role in healing post-vacancy divisions.
With polls days away, turnout is expected to surge in the North Eastern constituency, where UDA dominance meets fierce local rivalries. Analysts predict Hassan’s frontrunner status, but warn of potential appeals. IEBC assures seamless voting amid heightened security.
It is not yet clear whether Mohamedin Mohamed will going to challenge the High Court ruling at the Court of Appeal which will derail the by-election slated for November 27.
