Mohamedin Mohamed Appeals IEBC Dismissal in High-Stakes Dual Citizenship Row Over Banisa By-Election
NAIROBI— In a daring escalation of Kenya’s electoral battles, registered voter Mohamedin Mohamed has filed a petition at the Milimani Law Courts challenging the Independent Electoral and Boundaries Commission (IEBC)’s abrupt dismissal of his complaint against United Democratic Alliance (UDA) nominee Ahmed Maalim Hassan Alio for the upcoming Banisa Constituency parliamentary by-election.
The move, lodged under the Constitutional and Human Rights Division, accuses the IEBC of procedural bias and constitutional violations, potentially derailing the November 27 poll in the volatile North Eastern region.
Mohamedin’s 34-page humble petition, served through advocates Ndegwa & Ndegwa Advocates, brands the IEBC’s October 21 decision as “unreasonable, irrational, and tainted with procedural impurities.” At the heart of the dispute is Alio’s alleged dual citizenship, which Mohamedin claims disqualifies him under Article 99(2)(a) of the 2010 Constitution, barring anyone owing “allegiance to a foreign state” from parliamentary candidacy. Evidence cited includes Alio’s British passport (No. 532110112) under the alias Ali Barre Sheto—listing a January 1, 1976, birthdate and Somali origins in Qoryoley, Lower Shebelle—contrasting with his expired Kenyan passport (No. A184885, as Ahmed Maalim Hassan, born April 4, 1974, in Mandera) and a “suspiciously recent” Kenyan ID (No. 34694672, implying post-1974 issuance). “Kenyan IDs are sequential; a 1974-born individual couldn’t hold a 34-million-range number without fraud,” the petition argues, alleging identity deception to mask foreign ties.
The original complaint, filed October 16 as IEBC No. 7/2025, came days after nominations closed on October 9. Alio swiftly denied the allegations in a replying affidavit, insisting he is “solely Kenyan by birth” and unfamiliar with the alias. Yet, the IEBC’s Dispute Resolution Committee dismissed it without a hearing, citing a breach of Rule 8(1)—requiring filings within 24 hours of the dispute. Mohamedin decries this as a “technical knockout” violating Articles 47 (fair administrative action), 50 (fair hearing), 27 (non-discrimination), and 159(2)(d) (substance over procedure).
“The sovereignty of the people under Article 1 cannot be delegated to a dual-allegiant,” the petition thunders, warning of threats to electoral integrity.
Seeking certiorari to quash the dismissal, prohibition against Alio’s inclusion on the ballot, and mandamus to revoke his clearance, Mohamedin also requests an interim conservatory order halting by-election processes involving Alio. Costs are demanded from the nominee.
This appeal revives scrutiny over dual citizenship in Kenyan politics, a flashpoint since the 2010 Constitution’s reforms. Banisa, in Mandera County, awaits a successor to the late MP amid ethnic tensions and cross-border dynamics with Somalia. IEBC spokesperson Purity Njihia declined comment, citing ongoing judicial matters, while UDA officials dismissed the petition as “baseless electioneering.” Legal experts like Prof. Kipchumba Sigei hail it as a test of “electoral gatekeeping,” potentially influencing future vetting. As the High Court sets a hearing date, Banisa voters brace for uncertainty in a race symbolizing Kenya’s citizenship conundrums.
