Three-day Wajir polls petition to begin on Monday

Justice Philip Waki during the pre-trials of Wajir gubernatorial appeals case. (Kulan Post)

NAIROBI—The first hearing of the appeal challenging the high court decision on Wajir county gubernatorial victory is set for tomorrow at the Appeals Court within the Supreme Court building.

The appellant, Mohamed Abdi sought reprieve at the higher court for a reversal of decision of the Milimani Court ruling on 12th of January when his 8th August election victory was nullified.

Mohamed, who is the governor of Wajir County, will have his counsels argue on two grounds: electoral malpractices and the nullification of his victory by the High Court based on his lack of academic papers.

Mohamed’s lawyers maintain that the lower court did not consider letters from the University of Kampala confirming his graduation.

However, people privy to appeals process say the governor will not put much focus on appealing the ruling on electoral malpractices.

At least, governor Mohamed Abdi want his name in the ballot at the event the Appeals Court upholds the lower court decision.

Two weeks ago, the court named three judges: Justice Philip N. Waki, Justice Milton Asike Makhandia and Justice Patrick Omwenza Kiage will preside over the proceeding from 12th to 14th March 2018 from the 9:00am in a marathon session.

On January 12th, the Milimani High Court Judge Justice Mabeya nullified the election victory of Wajir governor, Mohamed Abdi in a petition filed by the former Wajir governor Ahmed Abdullahi and Ahmed Muhumed.

Abdi was also slapped with a Sh2 million cost.

Mabeya added that Abdi was not validly cleared to vie for the seat of Governor for Wajir County as he did not possess the educational qualifications.

“Abdi was not validly elected to the position of Governor and his election hereby declared null and void,” said Mabeya. The judge said the governor failed to turn up in court to rebut claims the he did not have a degree.

He said coming to court for cross examination would have been a good chance for him to rebut the allegations.

Justice Mabeya added that it was doubtful that the governor would have obtained a master’s degree from Kampala University within six months.

Justice Mabeya further said that a scrutiny confirmed that many forms were not genuine because they did not either have watermarks or, were either photocopies or printouts. The court ordered a by-election to be held in accordance with the constitution and electoral laws.