Court Gavel
The High Court in Nairobi has declined to issue conservatory orders stopping the Banisa by-election in Mandera County.
Instead, the court directed that the petition challenging the eligibility of United Democratic Alliance (UDA) candidate Ahmed Maalim Hassan be heard and determined expeditiously.
Justice Mugambi, in his ruling on Thursday, said the court would not interfere with the Independent Electoral and Boundaries Commission’s (IEBC) preparations for the by-election, emphasizing that the petition can proceed concurrently with the electoral process.
“I decline to issue the conservatory orders sought at this time. It is my view that we collapse both the application and the petition. I give two days given that it is time-bound, and I agree that we expedite the process,” the judge ruled.
He noted that the matter raises significant constitutional and electoral questions that must be heard on their merits rather than resolved through a summary suspension of the electoral process.
The petition was filed by a voter who is contesting the eligibility of UDA’s Ahmed Maalim to vie for the Banisa parliamentary seat.
The
petitioner claims the candidate has not met all the electoral requirements and
is seeking the court’s intervention to nullify his candidacy, alleging that he
holds dual citizenship.
The Banisa parliamentary seat fell vacant following the death of MP Kulow Maalim Hassan, prompting the IEBC to declare a by-election to fill the position.
During Thursday’s mention, the court also considered an application filed by lawyer Julius Anyoka, representing the United Progressive Alliance (UPA), which sought to be enjoined as an interested party in the case.
UPA, which has fielded its own candidate, Nurdin Malim
Mohamed, argued that it has a direct stake in the outcome of the petition since
the decision could affect the entire by-election process.
Justice Mugambi allowed the application, directing that it be merged with the main petition for hearing.
“I thus ponder that the application and the petition shall be merged for purposes of the hearing,” the judge directed.
To ensure the matter is concluded promptly, the court issued strict timelines for filing and responses.
The UDA candidate, alongside the newly joined interested party, was ordered to file and serve their responses to both the petition and the application by close of business Friday, October 31, 2025.
Justice Mugambi cautioned the parties against seeking delays, warning that no extension of time will be granted.
“These are strict timelines, and the parties are cautioned that no extension of time is allowed. Any filing outside the stipulated timelines will not be condoned by the court,” he ruled.
The matter will be mentioned again on November 10, 2025, to confirm compliance with the court’s directions.
The judge further noted that if all parties adhere to the set timelines, the case should be concluded well before November 27, 2025, in line with the IEBC’s electoral calendar.
