Court Declines to Suspend Banissa By-Election, Sets Case for Expedited Hearing
Justice Mugambi instructed all the respondents to submit and serve their replies to the petition and supporting application at the close of business tomorrow.
The outcome of the case is bound to be of crucial importance in the Banissa political landscape before the elections. Photo/Courtesy
By Ruth Sang
The High Court has declined to adjourn the upcoming Banissa Constituency by-election, deciding instead to direct that the case against a candidate be heard and determined on an expeditious basis. Justice Lawrence Mugambi on Thursday ruled that there was no good cause to issue conservatory orders halting the electoral process.
The judge ordered that the main petition and the application be consolidated and heard together to facilitate an expeditious and speedy resolution of the conflict. He emphasized the importance of ensuring the dispute is resolved quickly, given the timelines and public interest in the by-election.
The case was filed by Banissa voter Mohamedin Mohammed, who seeks to invalidate United Democratic Alliance (UDA) candidate Ahmed Maalim Hassan’s candidacy. The petitioner argues that Hassan does not qualify to run for the parliament seat due to his alleged dual citizenship, a qualification that would disqualify him for contest under Kenyan law.
Justice Mugambi instructed all the respondents to submit and serve their replies to the petition and supporting application at the close of business tomorrow. The petitioner, if necessary, may submit a supplementary affidavit in response. The court left no one in doubt that delays or attempts to extend timelines set would be unacceptable.
The court will not accept any application for extension of time. Any papers received after the prescribed time limit will be excluded,” ruled Justice Mugambi.
The court also insisted on adherence to procedural timelines to allow the case to be taken to conclusion before the prescribed election date. Justice Mugambi directed that judgment in the case be delivered before November 27, subject to strict adherence by all parties to the directions given.
The ruling means the Independent Electoral and Boundaries Commission (IEBC) can proceed with the preparations for the Banissa by-election as the case proceeds in court. The by-election, scheduled after the nullification of the earlier results, has received a lot of publicity due to the controversy surrounding UDA’s candidate.
Legal experts observed that the court directive for a rushed hearing of the case is a balance between protecting the rights of the petitioner and not occasioning unnecessary interference with the electoral process. The outcome of the case is bound to be of crucial importance in the Banissa political landscape before the elections.
About Author
