NAIROBI— The High Court has declined to issue conservatory orders sought by a voter to suspend the upcoming Banissa parliamentary by-election, allowing the petitioners alternative request for “an expedited hearing “. Justice Lawrence Mugambi, presiding over the case at Milimani Law Courts, emphasized that the petitioner failed to meet the legal threshold for halting the electoral process.
The petition, filed by registered voter Mohamedin Mohamed, challenges the eligibility of United Democratic Alliance (UDA) nominee Ahmed Maalim Hassan, accusing him of holding dual citizenship with the United States, which allegedly disqualifies him under Kenya’s Constitution.
Mohamed argued that the Independent Electoral and Boundaries Commission (IEBC) erred in clearing Hassan, urging the court to nullify his nomination and revoke the clearance certificate.
Justice Mugambi swiftly dismissed the respondents’ prayers for outright dismissal of the petition but granted the petitioner’s alternative request for an expedited hearing. “The court substitutes the prayers for conservatory orders with an order for a fast-tracked judgment,” the judge ruled, directing all parties to file replies by the close of business today. A full determination on the merits is set for delivery before the by-election date.
The Banissa constituency in Mandera County has been vacant since the death of MP Kullow Maalim Hassan in 2023, sparking intense political jockeying in the North Eastern region. UDA, the ruling party, views the seat as crucial for consolidating its influence, while opposition figures decry the dual citizenship claim as a ploy to undermine the process.
IEBC spokesperson Purity Njubaya welcomed the ruling, stating, “We remain committed to conducting a free and fair election.” Hassan, yet to comment publicly, faces mounting scrutiny as the case unfolds.
Political analysts predict the verdict could set precedents for future nominations amid rising debates on diaspora citizenship. With tensions high in the arid region, stakeholders urge calm to ensure voter turnout.
