The High Court has dismissed a petition seeking to suspend the Banissa by-elections after a voter challenged the eligibility of Ahmed Maalim Hassan, the United Democratic Alliance (UDA) contestant.
In a ruling delivered on Thursday, October 30, Justice Lawrence Mugambi declined to issue conservatory orders suspending the polls after a voter had argued that Hassan had dual citizenship, making him ineligible to vie.
While delivering the ruling, Mugambi directed that the petition and the accompanying application be consolidated and heard together, emphasizing that the matter must proceed without delay.
The ruling came after a voter had moved to court asking it to nullify Hassan’s candidacy because he allegedly held dual citizenship, contrary to the requirements for parliamentary candidates.
According to the petitioner, Hassan held Kenyan and British citizenship, adding that his Kenyan passport expired in 2012, with his date of birth being April 4, 1974.
In the British passport, Hassan has a different name and date of birth, and is listed as a Somali national originating from Qoryoley town, Lower Shabelle region, in the South West state of Somalia.
The petitioner contended that he had raised the matter with the Independent Electoral and Boundaries Commission (IEBC), but the Commission dismissed the complaint, terming it a blatant lie and fabrication.
Notably, Hassan is the brother of the immediate former Banissa Member of Parliament (MP) Kullow Maalim Hassan. Kullow passed away after being the victim of a hit-and-run car accident near Capital Centre in South B, in March 2023.
Ahead of the November 27 by-elections, area residents unanimously endorsed Hassan to succeed his brother, a decision they said would enable the legacy and development projects left behind by the late MP to continue.
The drama surrounding the Banissa race reached new heights after Aden Mohammed, alias Kiongozi, the Democracy for Citizens’ Party (DCP) candidate, dropped out of the race after a meeting with President William Ruto in State House.
While dropping out of the race, Mohammed announced that his decision was informed by the community interest in Banisa and Mandera at large.
At the same time, he denied being bought out by the UDA leadership, after reports had suggested that he was offered Ksh100 million to drop out.
After losing its candidate, DCP maintained it would not front another candidate, leaving the Banissa contest a one-horse race.
