NAIROBI, KENYA— In a procedural knockout, the Independent Electoral and Boundaries Commission (IEBC) Dispute Resolution Committee has dismissed a high-stakes challenge against United Democratic Alliance (UDA) candidate Ahmed Maalim Hassan for the Banissa Constituency parliamentary by-election slated for November 27. The decision, handed down on October 21, hinges on the complainant’s failure to file within the mandatory 24-hour window, sparing Hassan from immediate disqualification over allegations of dual citizenship and identity fraud.
The complaint, lodged by Mohamedin Mohamed on October 16, accused Hassan of flouting constitutional eligibility rules by concealing his British passport—registered under the alias Ali Barre Sheto, listing a 1976 birthdate and Somali origins—while holding two Kenyan IDs. Mohamedin argued that Hassan’s Kenyan passport (No. A184885, expired 2022) and a suspiciously recent ID (No. 34694672, implying a post-1974 issuance) pointed to deliberate deception. He invoked Article 99(2)(a) of the Constitution, which bars candidates owing “allegiance to a foreign state,” alongside Articles 78(1) and 78(2) prohibiting dual citizenship for state offices. “This undermines electoral integrity and the people’s sovereignty,” Mohamedin stated in his petition, seeking revocation of Hassan’s clearance, disqualification, and costs.
Hassan fired back in a replying affidavit, denying dual nationality outright. “I am solely Kenyan by birth and a stranger to the name Ali Barre Sheto,” he asserted. He contended no law prohibits dual citizens from contesting elections—only from assuming office without renouncing foreign ties. Dismissing the claims as “fabrications,” Hassan urged dismissal with costs awarded to him.
The committee, however, sidestepped the merits. Under Rule 8(1) of the IEBC’s dispute settlement rules, complaints must be filed within 24 hours of the dispute’s occurrence. With nominations closing on October 9, Mohamedin’s October 16 filing was deemed “procedurally defective.” The panel ordered the complaint struck out, closing the matter—for now.
Sources close to Mohamedin revealed an appeal is underway, potentially escalating to the courts. The Banissa race, in Kenya’s North Eastern region, underscores ongoing tensions over citizenship and electoral vetting ahead of the by-election to replace the late MP. IEBC has yet to comment on the appeal, but stakeholders warn of broader implications for dual citizenship in politics.
