The High Court has dismissed a petition that was seeking to halt the Banissa by-election, bringing to an end days of uncertainty over the fate of United Democratic Alliance candidate Ahmed Maalim Hassan.
The case, filed by a voter from Banissa, challenged Hassan’s eligibility to contest the seat, alleging he has dual citizenship in Kenya and the United Kingdom.
In a judgment delivered on Thursday, October 30, Justice Lawrence Mugambi declined to stop the poll, saying the matter should proceed for a full hearing without disrupting the electoral process.
Justice Mugambi further stated, “The petition and the application shall be consolidated and taken together,” adding that there was a need to conclude the case without any delay.
The petitioner had claimed that Hassan’s Kenyan passport expired in 2012, adding that he also holds a British passport bearing a different name and date of birth.
The document, according to the claim, lists him as a Somali national from Qoryoley town in Somalia’s Lower Shabelle region.
He said he had complained about the incident to the IEBC, adding that the commission dismissed the complaint, terming it false and fabricated.
The residents of the area have thrown their weight behind Hassan’s bid to succeed his late brother and former Banissa MP Kullow Maalim Hassan.
The late MP died in March 2023 after a hit-and-run accident near Capital Centre in South B, Nairobi.
Locals have rallied behind Hassan, saying his election would ensure the continuation of projects and initiatives that his brother had started for the community.
The Banissa race has, however, not been devoid of drama. Early this week, the Democracy for Citizens’ Party (DCP) candidate Aden Mohammed, popularly known as Kiongozi, withdrew from the contest after meeting President William Ruto at State House.
Kiongozi said his decision was guided by “community interest” and dismissed rumours that he had been offered KSh100 million to step down for the UDA candidate.
After his withdrawal, DCP announced that it was not putting up another candidate, thereby making the Banissa by-election on November 27 a one-horse race.
