It was sweet victory at last for Wajir Governor Mohammed Abdi after the Supreme Court upheld his election on Friday.
In a majority decision, with Chief Justice David Maraga and Justice Isaac Lenaola dissenting, the judges said the High court and Court of Appeal wrongly assumed jurisdiction to rule on the governor’s academic papers.
Maraga and Lenaola said Abdi’s academic qualifications were questionable. The two found no merit in the appeal but held that a university degree is a mandatory requirement for one to vie as governor.
“We agree that Mohammed’s academic qualification was central before the High Court and formed part of the failures that led to the High Court to indicate the gubernatorial election was not conducted within the confines of the law,” the two said.
Maraga said that the governor’s explanation on why his name did not appear on the graduation booklet at Kampala International University in March 2012 was untenable.
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In the majority ruling read by Justice Smokin Wanjala, the judges held that issues raised in the appeal emanated from a pre-election dispute which was dealt with by quasi-judicial tribunals.
“...all election disputes arising from nominations should be brought for resolution at the Independent Electoral and Boundaries Commission or the Political Parties Disputes Tribunal. We see no reason to overturn the decision,” they said.
The judges ruled that pre-election dispute lodged before the IEBC Dispute Resolution Committee had been resolved in accordance with the law. The petitioner – Ahmed Abdullahi – failed to escalate the matter to an election court.
The election of the former ambassador was nullified by the High Court in 2018 and the decision upheld by the Court of Appeal.
Arguing the appeal last November, former Governor Ahmed Abdullahi told the court that his rival failed to table evidence that he holds a degree.
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Abdi then moved to the Supreme Court and was allowed to table evidence that he holds a degree as required.
His 2017 election was challenged by the county’s former governor Ahmed Abdulahi.
The apex court gave a notice on Tuesday that the justices had concluded considering the case.
“Take notice that this matter coming up for judgement on Friday, 15th February 2019 at 2:30 pm before the Supreme Court of Kenya,” read the notice sent to the lawyers involved in the case. It was signed by the Deputy Registrar.
The Governor went to the apex court last year in April in the last attempt to hold on to his seat.
The authenticity of governor Mahamud’s degree certificate has been at the centre of the litigations, with his critics saying that his certificate is forged.
His lawyer argued that the main issue before the court was whether the governor had a university degree, which the Supreme Court could not determine.
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