The Supreme Court has upheld Wajir Governor Ahmed Abdullahi’s election after it dismissed a petition challenging his win by Dr Hassan Mohamed Adam.
The Supreme Court's judgment is in line with the Court of Appeal's earlier decision, which had previously dismissed a related petition for failing to comply with Rule 6 of the Court of Appeal (Election Petition) Rules, 2017, which stipulates that all appeals must be filed through a notice of appeal.
Judges Martha Koome, Philomena Mwilu, Njoki Ndungu, Isaac Lenaola, and William Ouko of the Supreme Court upheld the Court of Appeal's judgment on Friday.
Hassan Mohamed Adam's appeal was initially denied by appellate judges Daniel Musinga, Hellen Omondi, and Ngenye Macharia due to an improper notice of appeal.
Dr. Adam appealed the appellate court's judgment to the Supreme Court, which has jurisdiction over appeals filed in accordance with Article 163(4)(a) of the Constitution, because he was dissatisfied with the outcome. Dr. Adam's attorneys were Kioko Kilukumi, Paul Nyamodi, and Issa Mansur.
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In instances affecting the interpretation or application of the Constitution, Article 163(4)(a) grants appeals to the Supreme Court as a matter of right.
“Having considered the appeal, the notice of motion and the parties’ respective submissions thereto, as advanced by their respective advocates on record, we find no justifiable reasons to interfere with the Ruling of the Court of Appeal,” reads part of the ruling.
“Accordingly, the appellant’s appeal is hereby struck out with costs to the respondents.”
