Kenya: High Court Rejects Bid to Halt Banissa By-Election Over Dual Citizenship Claim

30 October 2025

Nairobi — The High Court has declined to issue conservatory orders to suspend the upcoming Banissa by-election, despite a petition challenging the eligibility of the United Democratic Alliance (UDA) candidate over alleged dual citizenship.

The petition, filed by voter Mohamedin Mohamed, claims that UDA's Ahmed Maalim Hassan Alio holds foreign citizenship and is therefore barred under Article 99(2)(a) of the Constitution from contesting the seat.

In its ruling, the court held that the petitioner had not met the threshold required to stop the election, allowing the electoral process to proceed as planned.

The full judgment on the substantive petition is expected before 27 November, ahead of the scheduled by-election.

Legal analysts say the decision highlights the judiciary's cautious approach in intervening in ongoing electoral processes, especially when elections are imminent and public interest favors continuity.

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