Court declines to halt Banisa by-election, orders expedited hearing
The Banisa parliamentary seat fell vacant following the death of MP Kullow Maalim Hassan in April 2024, prompting IEBC to schedule a by-election.
The High Court has declined to issue conservatory orders sought to suspend the forthcoming Banisa Constituency by-election, paving the way for the Independent Electoral and Boundaries Commission (IEBC) to proceed with preparations as scheduled.
Justice Lawrence Mugambi, sitting at the Constitutional and Human Rights Division in Nairobi, instead directed that the case be heard on a priority basis, consolidating the main petition and the accompanying application for urgent hearing.
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The judge emphasised the need for expedited proceedings given the approaching election date, cautioning that any delays could prejudice both the candidates and voters of Banisa.
The petition was filed by Mohamedin Mohammed, a voter from Banisa Constituency, who is challenging the eligibility of Ahmed Maalim Hassan, the United Democratic Alliance (UDA) candidate in the by-election.
In his application, Mohamedin claims that Ahmed is not qualified to contest the seat on the grounds that he allegedly holds dual citizenship, Kenyan and another unspecified country, contrary to Article 99(2)(a) of the Constitution, which bars dual citizens from holding elective office unless they have renounced their foreign citizenship.
The IEBC, UDA Party, and Ahmed have been named as respondents in the suit.
Justice Mugambi directed all respondents to file and serve their responses to the petition by Friday, adding that the petitioner may file a further affidavit if necessary.
He firmly ruled out any extension of the set timelines, warning that any documents filed outside the prescribed period will not be accepted.
The court further directed that the case be concluded swiftly, with judgment expected before November 27, provided all parties comply with the directions issued.
The Banisa parliamentary seat fell vacant following the death of MP Kullow Maalim Hassan in April 2024, prompting IEBC to schedule a by-election.
The poll, slated for November 2025, has drawn significant attention in Mandera County due to the dominance of UDA and the local political dynamics within the region.
With the court opting for a speedy hearing rather than halting the process, all eyes now turn to whether the eligibility question surrounding Hassan will be resolved before voters head to the polls.
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