Wajir Governor survives ouster bid as Supreme Court validates election
The Supreme Court has ruled that the Wajir Governor Mohammed Abdi was validly elected.
In a ruling on Friday, four out of the six-judge bench found that two courts wrongly assumed jurisdiction to rule on the governor’s academic papers.
Justices Mohammed Ibrahim, Jackton Ojwang, Njoki Ndungu and Smokin Wanjala overturned the ruling of the Appeal Court that voided the Wajir Governor’s poll win.
“No appeal was lodged to challenge the same degree issue …on what basis will this court now rule on the matter? We rule that this court has no jurisdiction,” Justice Wanjala said in the ruling read on behalf of his counterparts.
“The declaration of the results of IEBC of the governor is hereby upheld,” he added.
However, Chief Justice David Maraga and Justice Isaac Lenaola dissented on the ruling saying they ‘agree with the issue that a degree is a pre-requisite for one to view for governor seat.”
— Citizen TV Kenya (@citizentvkenya) February 15, 2019
Hundreds of supporters thronged the Supreme Court ahead of the long-awaited verdict. They broke into song and dance outside the courtroom after the verdict was delivered.
The appellant moved to the top court in April last year after the Appeal Court upheld his ouster.
His election win was first voided on January 12 after Justice Alfred Mabeya found that his academic papers were not proper.
Other parties in the Wajir election petition were Ahmed Abdullahi Mohamad (1st respondent), Ahmed Muhumed Abdi (2nd respondent), Gichohi Gatuma Patrick (3rd respondent) and the Independent Electoral and Boundaries Commission (4th respondent).
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