In a major legal development ahead of the by-election in Banissa Constituency, High Court Judge Lawrence Mugambi declined to issue a freeze on the vote. Instead, he ordered the disputed petition challenging the eligibility of UDA’s Ahmed Maalim Hassan to be heard urgently and consolidated with the main case setting the stage for a judgment by late November.
Highlights:
- The court refused to issue conservatory orders stopping the Banissa by-election.
- The petition argues UDA candidate Ahmed Maalim Hassan holds dual citizenship.
- Judge Mugambi directed that the application and main petition be heard together on a priority basis.
- Respondents must file responses by the next day, with no extensions granted.
- Judgment is due by 27 November, provided all parties comply.
Main Story:
Legal Challenge in Banissa
A local voter, Mohamedin Mohammed, has moved to court seeking to invalidate the candidacy of Ahmed Maalim Hassan in the Banissa Constituency by-election. The challenge centres on the claim that Hassan holds dual citizenship, which would render him ineligible for the seat.
Court’s Response
At the hearing, Justice Mugambi declined to grant an order suspending the by-election, meaning the poll remains on schedule. Instead, the judge ordered the matter to be fast-tracked: both the original application and the main petition are to be consolidated and heard as one case.
Strict Timelines
Judge Mugambi made it clear that the process must proceed without delay: respondents must file and serve their responses by the next day. No extensions will be permitted, and any filings submitted after the cut-off will not be accepted. The court set a firm deadline for handing down its verdict by 27 November.
What It Means for Voters
By allowing the by-election to proceed, the court has avoided delaying the electoral process in Banissa, which has been without representation for some time. At the same time, the accelerated legal timetable places pressure on all parties to engage swiftly and transparently, underscoring the seriousness of the eligibility dispute.
With the race in Banissa moving ahead and the court demanding a decision by 27 November, the focus now shifts to how swiftly and cleanly the case will be resolved and whether the ruling will reshape the playing field ahead of the vote.
