Why Supreme Court gave Mohamed Mahamud second chance

Wajir Governor Mohamed Abdi Mahamud has a chance to prove that he holds two degrees as the Supreme Court has allowed him to table the certificates.

In a ruling last week, seven judges of the court agreed that Mr Mahamud was not given a fair hearing at both the trial and appellate courts with regard to his academic qualifications.

FAIR HEARING

“It is in this breath that we must consider whether the appellant’s right to a fair hearing and trial will be infringed upon by the denial of admission of new evidence,” the judges said.

Through lawyer Fred Ngatia, Mr Mahamud said the two courts ignored the fact that the requirement for him to strictly prove that he holds the two degrees had been waived through a consent signed by parties during the pre-trial conference.

The seven judges are Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Mohamed Ibrahim, JB Ojwang’ Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola.

They agreed, saying that despite the consent, it was curious that both the trial judge and appellate court did not allude at all to the fact that documents on record were admitted and did not need to be strictly proven.

They said additional pieces of evidence that are to be introduced are academic, educational and employment records of Governor Mahamud, to remove any vagueness or doubt over the status of the academic qualifications in question.

“We are also reminded that the interests of justice dictate that this court ensures that all parties to a dispute are accorded a fair hearing so as to resolve the dispute judiciously,” the court said.

In opposition, former Governor Ahmed Abdullahi said the admission of new evidence will have the effect of re-opening pleading timelines and affect constitutional timelines.

GROUNDS

Mr Ngatia told the judges that Mr Mahamud’s education credentials were attacked erroneously, yet he holds a degree from Kampala University, which is lawfully accredited by the Commission for Higher Education.

The Wajir County boss rushed to the Supreme Court soon after three judges of the Court of Appeal upheld the decision to nullify his election on grounds that he did not meet the qualification to vie.

Justices Philip Waki, Asike Makhandia and Patrick Kiage dismissed the first appeal stating that the governor blundered by failing to appear in court and rebut claims that he does not possess a university degree.

“As we have already stated, the appellant did not file a response to the petition. We think that by dint of rule 11(8) of the Election Petition Rules, that omission was a grave default that would have entitled, nay required, the learned judge to exclude the appellant from the proceedings as a party,” the appellate judges said.

They also said that Justice Alfred Mabeya, who nullified the election, correctly observed that Mr Mohamud did not specifically deny the allegations that he did not have a degree.

The Supreme Court directed Mr Ngatia to file affidavits and the respondents, including the Independent Electoral and Boundaries Commission (IEBC) and Mr Abdullahi, to file theirs for an early hearing date to be given.