Wajir appeal petition to be heard for only three days as Appeals Court name three judges

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

NAIROBI—The appellate court in Nairobi has set the dates for the hearing of Wajir gubernatorial petition.

In a court paper seen by Kulan Post, the court has named three judges, two weeks after the case was filed at the Appeals Court within the Supreme Court building.

Justice Philip N. Waki, Justice Milton Asike Makhandia and Justice Patrick Omwenza Kiage will preside over the proceeding from 12th to 14th March 2018 at 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.