Court gives UDA’s Ahmed Malim Hassan green light to contest Banisa by-election
Justice Lawrence Mugambi threw out the petition that sought to block Hassan from appearing on the ballot over claims that his dual citizenship disqualified him from vying.
The High Court has allowed United Democratic Alliance (UDA) candidate, Ahmed Malim Hassan, to contest in next week's Banisa Constituency by-election after dismissing a suit questioning his eligibility.
Justice Lawrence Mugambi threw out the petition that sought to block Hassan from appearing on the ballot over claims that his dual citizenship disqualified him from vying.
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The judge held that the challenge was filed prematurely and had no legal basis at this stage of the electoral process.
In the petition, the challenger had insisted that Hassan could not lawfully seek elective office unless he renounced his foreign citizenship. But the court disagreed, finding that the constitutional limitation on dual citizenship only kicks in once an individual assumes a State office.
Justice Mugambi explained that offering oneself as a candidate does not amount to holding public office and therefore cannot trigger the constitutional bar.
"The matter brought before this court is speculative. The candidate is not a State officer merely by presenting himself for election. The appropriate time to raise such questions is when facts have fully crystallised," he observed.
The judge further noted that should Hassan eventually win the by-election, he would then be required to meet the constitutional requirements before taking up the parliamentary seat.
"If he is elected, he cannot serve as a dual citizen. Renunciation must occur before assuming office - but compelling him to do so now is premature. Suppose he loses the election?" Justice Mugambi stated.
With the petition dismissed as lacking merit, the UDA candidate now proceeds unimpeded to the ballot as Banisa voters prepare to elect their next Member of Parliament in the upcoming by-election.
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