Judge throws out petition case

• Justice Wendoh rules that Mr Mohamed did not conduct due diligence before serving the MP.
• Mr Mohamed, a voter, had accused the MP and his agents of using threats and force to bar voters from freely participating during the 2007 election.

The High Court has dismissed a petition challenging the election of Hussein Mohammed Abdikadir as the Mandera Central MP.

Dismissing the petition on Friday, Lady Justice Roselyn Wendoh said that the MP, who is also the chairman of Parliamentary committee on Administration of Justice and Legal Affairs, was not properly served with the suit papers.

According to the Judge, the petitioner, Mr Adan Mohamed did not serve Mr Abdikadir personally with the papers as required by law. She said that Mr Mohamed only left the suit papers at the law firm where Mr Abdikadir practiced from before he became a Member of Parliament.

In the ruling, Justice Wendoh added that Mr Mohamed did not conduct due diligence before serving the MP. Again, said the Judge, a process server sent to serve the suit papers on Abdikadir, was not qualified.

Mr Mohamed, a voter, had accused the MP and his agents of using threats and force to bar voters from freely participating during the 2007 election. Mr Abdikadir, who vied the seat on a Safina ticket, beat former area MP Billow Kerrow of ODM by 12,884 against the latter’s 10,588 votes to emerge the victor.

He argued that there was no fair election as the whole process was rigged hence calling for a nullification of the results.

The voter wanted a scrutiny of all votes cast including all spoilt ballot papers in Mandera Central to verify his allegations.

In the suit papers, Mr Mohamed also alleged that militiamen from Ethiopia snatched voter's cards from ODM supporters on the eve of polling day.

He alleged that on December 27, the gangs invaded Rhamu Deb and Shantuley polling centres and chased away voters. He says houses were burnt, forcing them to flee and hence could not vote.

He had sued the defunct Electoral Commission of Kenya (ECK) and the returning officer, Mr Yusuf Mohamud.

In filing an election petition, an aggrieved party has to serve the MP in person within 28 days after the names have been gazetted. More than 20 MPs survived the 2003 election petitions on the grounds that they were not properly served.

Mr Abdikadir can now rest easy as the duly elected MP for Mandera Central.