15 February 2019

Kenya: Supreme Court Upholds Wajir Governor Mohamed Abdi's Election

The long Wajir governor battle ended on Friday afternoon with the Supreme Court upholding the election of Mr Mohamed Abdi Mohamud.

Mr Mohamud's fight began at the High Court and proceeded to the Court of Appeal, which upheld the lower court's nullification of his election.

He then turned to the apex court, which granted him the change to prove that he holds a degree in business management and a master's degree from Kampala University.

In the ruling on Friday, Chief Justice David Maraga and justice Isaac Lenaola dissented while Smokin Wanjala, Njoki Ndung'u, Jackton Ojwang, Mohammed Ibrahim ruled in the governor's favour.

While detailing the judgment, Mr Maraga noted the appeal lacked merit and that he would have dismissed it but that the majority court held a different opinion.

He said that in his view, the High Court was right in nullifying Mr Mohamud's election because he was not qualified and because of irregularities.

The judges in the majority decision said a complaint was filed against the governor because he was not qualified.

However, complainant Mohamed Abdile did not pursue it so the Independent Electoral and Boundaries Commission dismissed the case, they said.

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