A former aspirant has filed an urgent petition with Kenya’s Independent Electoral and Boundaries Commission (IEBC) to disqualify United Democratic Alliance (UDA) candidate Ahmed Maalim Hassan from contesting the Banisa Constituency parliamentary by-election, citing allegations of dual citizenship and fraudulent identity documents.
The move comes just weeks before the scheduled vote on November 27, 2025, potentially disrupting what has been described as a largely uncontested race.
The petition, lodged by Mohamedin Mohamed before the IEBC’s Dispute Resolution Committee in Nairobi, accuses Hassan—also known as Ahmed Maalim Hassan Alio or Ali Barre Sheto—of holding both Kenyan and British nationalities, which the petitioner argues violates constitutional provisions barring dual citizens from running for parliamentary seats.
Accompanied by a Certificate of Urgency signed by advocate Ndegwa Njiru, the filing emphasizes the need for immediate action, as Hassan has already been cleared and nominated by the IEBC for the by-election.
According to the document, Hassan submitted his nomination papers on or around October 9, 2025, and was subsequently approved to run.
However, the petitioner contends that this clearance was “unlawful and irregular” because Hassan failed the eligibility test under Kenyan law.
Highlights Of The Petition
Dual Nationality: Hassan is said to possess a British passport (No. 532110112) issued under the name Ali Barre Sheto, listing his date of birth as January 31, 1976, and place of birth as Qoryoley town in Somalia’s Lower Shebelle region. He also holds a Kenyan passport (No. A1844885) under the name Ahmed Maalim Hassan, with a birth date of April 4, 1974, in Mandera, Kenya.
Additionally, a Kenyan National Identity Card (No. 11550493) matches the Kenyan passport details.
Inconsistent Identity Documents: The petition highlights another Kenyan National Identity Card (No. 34694672, Serial No. 240907710) under Hassan’s name, indicating birth in Mandera East.
The petitioner claims this ID was “fraudulently or irregularly acquired” in recent years, possibly to obscure his foreign nationality and qualify for nomination.
It notes that Kenyan ID numbers are assigned sequentially based on birth date and application timing, making it “scientifically and statistically improbable” for someone born in 1974 to hold an ID in the 34 million range, which reflects more recent registrations.
Failure to Disclose: The filing alleges Hassan did not declare his dual citizenship to the IEBC or the public, misleading authorities and undermining the electoral process. It further accuses him of using different names and documents, which erodes the integrity of the nomination.
The petition invokes several articles of the Kenyan Constitution of 2010, including:
Article 99(2)(a), which disqualifies a person from Parliament if they owe allegiance to a foreign state due to holding a valid foreign passport.
• Article 78(1), stating that a person is ineligible for state office unless they are a Kenyan citizen.
• Article 78(2), prohibiting state officers or defense force members from holding dual citizenship.
• Article 260, defining qualifications for elected office.
• Section 24 of the Elections Act (No. 24 of 2022), which stipulates that parliamentary candidates must be Kenyan citizens without dual allegiance, unless expressly allowed by law—which the petitioner says is not the case here.
Other cited provisions include Articles 1, 2, 3, 10, 82, 83, 88, emphasizing sovereignty, the rule of law, and fair elections.
The petitioner argues that allowing Hassan to contest would violate the principle that “the sovereignty of the people cannot be shared and/or delegated to a person who pledges allegiance to two states.”
In the Certificate of Urgency, Njiru certifies the matter as “utmost urgent” since Hassan has already received nominations and been cleared to run. The advocate notes that the 1st Respondent (Hassan) holds dual citizenship and has not passed the legal eligibility test.
The Banisa seat became vacant following the death of Hassan’s brother, former MP Kullow Maalim Hassan, in a road accident in March 2023. The by-election, delayed for over two years amid local protests for representation,has seen significant political maneuvering.
Hassan, running under the UDA banner, was cleared by the IEBC on October 9, 2025, alongside UPA’s Nurudin Dalato.
Democratic Congress Party (DCP) candidate Adan Mohamed Kiongozi withdrew following a State House meeting with President William Ruto.
Legal experts note that while dual citizenship is permitted for ordinary Kenyans under the 2010 Constitution, it remains a bar for certain state positions to ensure undivided loyalty.
