The High Court has cleared United Democratic Alliance (UDA) candidate Ahmed Maalim Hassan to contest next week’s Banisa Constituency by-election, dismissing a petition that sought to bar him over alleged dual citizenship.
Delivering his ruling on Thursday, Justice Lawrence Mugambi described the petition as “premature, speculative, and legally misdirected.” The judge noted that the petitioner had improperly bypassed the Independent Electoral and Boundaries Commission (IEBC) Dispute Resolution Committee (DRC), which is the proper channel for pre-election disputes.
“The dispute is premature and speculative as the first respondent has only offered himself as a candidate,” Justice Mugambi said. He added that electoral disputes must follow the chain outlined in Article 87 of the Constitution, with initial complaints handled by the IEBC and only subsequently pursued in court through judicial review.
The petitioner, a voter, had argued that Hassan was ineligible for nomination unless he renounced foreign citizenship. However, the court held that even if Hassan were a dual citizen—which has not been proven—the matter was premature. The constitutional bar on dual citizenship applies only to individuals who have already been elected or appointed as State officers, not to prospective candidates.
Justice Mugambi emphasised that forcing renunciation before the election would contravene the doctrine of ripeness and unfairly limit a candidate’s rights. “Why not wait for the facts to crystallise?” he asked, stressing that mandatory early renunciation could be prejudicial.
Having addressed both jurisdiction and substance, the court found the petition “devoid of merit” and dismissed it with costs awarded to the respondents, including the IEBC and Hassan.
With this ruling, Ahmed Maalim Hassan is officially cleared to appear on the ballot for the Banisa by-election scheduled for November 27, removing the final legal barrier to his candidacy.
