High Court Dismisses Dual Citizenship Petition, Clears UDA’s Ahmed Malim Hassan for Banisa By-Election
“Once he assumes office, he cannot serve as a dual citizen, and that means renunciation must be done before assuming such an office,” Justice Mugambi explained.
Sealed ballot boxes at an Independent Electoral and Boundaries Commission (IEBC). Photo/Courtesy
By Ruth Sang
Ahmed Malim Hassan, a candidate of the United Democratic Alliance for the forthcoming Banisa Constituency by-election, is now cleared to contest after the High Court dismissed a petition seeking to bar his candidature over dual citizenship. The ruling now clears the way for Hassan to appear on the ballot in a race scheduled for next week.
Justice Lawrence Mugambi, who presided over the matter, ruled that the case before the court had no substance, describing it as premature, speculative, and legally unsound. The petition had argued that Hassan should be barred from participating in the by-election unless he renounces citizenship of another country, which the petitioner claims Hassan holds alongside his Kenyan nationality.
In his ruling, Justice Mugambi noted that the legal provisions about dual citizenship come into force when an individual has been elected and assumes a state office, not during the phase of seeking nomination or campaigning. He emphasized that being a candidate does not automatically render one a state officer.
“The dispute before this court is both premature and speculative,” the judge said. “Mr. Hassan has merely expressed interest and secured nomination as a candidate. He is not yet a State officer. Why not wait until the facts fully crystallize?”
Justice Mugambi further explained that whereas the Constitution does have requirements for those with dual citizenship to renounce foreign nationality before taking up State offices, such requirements cannot be extended to the candidate stage. He reasoned that it would not make sense to compel Hassan to renounce his foreign citizenship prematurely, especially in view of the fact that he may not necessarily win the election.
“Once he assumes office, he cannot serve as a dual citizen, and that means renunciation must be done before assuming such an office,” Justice Mugambi explained. “But it is premature for this court to order renunciation. What if he does not win the seat in the by-election?”
Based on the comprehensive judgement, the court held that the petition could not meet the threshold required to disqualify a candidate from participation in an election and thus dismissed the case for lack of sufficient merit.
The decision brings relief to UDA and Hassan’s supporters, who had expressed confidence in his candidature despite the legal challenge. With the case now settled, focus shifts back to Banisa where preparations continue ahead of next week’s by-election. Political parties are intensifying their campaigns as residents prepare to elect a new Member of Parliament. The by-election comes after a period of uncertainty in the constituency and Hassan’s clearance adds another layer of anticipation to what is expected to be a closely watched political contest.
About Author
