Wajir poll petition heads back to Supreme Court

Former Wajir Governor Ahmed Abdullahi has gone back to the Supreme Court seeking a review of the decision delivered by the court last Friday.

In a majority decision, the court overturned the Court of Appeal judgment which had nullified the election of Governor Mohamed Abdi Mohamud.

Chief Justice David Maraga and Justice Isaac Lenaola dissented stating that Mr Mohamud was not eligible to contest the election because he does not possess a degree as required by the law.

Justices Mohamed Ibrahim, JB Ojwang’, Smokin Wanjala and Njoki Ndung’u allowed the appeal by Mr Mohamud and said that his election was valid.

DISPUTE

The judges said the issue of degree was a pre-election dispute and it should have been addressed before the proper forum thus Independent Electoral and Boundaries Commission disputes committee or the Political Parties Disputes Tribunal.

On Wednesday, Mr Abdullahi through the law firm of Nchogu, Omwanza & Nyasimi Advocates went back to the court seeking a review of the decision under a certificate of urgency.

But in response, Justice Ojwang' said the case is not fit for a certificate of urgency. He directed the plaintiff to pick a date from the registry.

The former Wajir County boss wants the decision overturned and the court to rule that Mr Mohamud was not validly elected August 8, 2017. He said the court has jurisdiction to review its own judgments “suo motto or on application by a party”.

He argued that decision of the majority of the judges is so irrational, illogical and absurd that it constitutes a manifest wrong and gross injustice.

“Every decision of a Court of Law should, at the very least, accord with logic and reason,” he said.

Through lawyer Ahmednassir Abdullahi, the former Governor said Section 3 of the Supreme Court Act, 2011 obligates the Supreme Court to provide authoritative and impartial interpretation of the Constitution, develop rich jurisprudence and enable the determination of important questions of constitutional moment to be determined with due regard to the circumstances, history and cultures of the people of Kenya.

“Despite having a notice of grounds of affirmation (dated October 4, 2018) before it for its consideration, this Court (by Majority) declined to consider the electoral irregularities and the question whether they affected the result, without remitting the matter for consideration by the Court of Appeal,” reads part of the petition.

On the issue of degree, Mr Abdullahi said the court failed to address the matter with the effect of sanctioning a manifest absurdity and gross error, that the holding of an elective office by a party, to which an academic qualification is necessary, without a determination of the question whether he is qualified.  

At the same time, the law firm has written to Justice Maraga saying that they will not be filing a formal letter with the CJ’s office but will instead file a complaint on the conduct of some judges to the Judicial Service Commission.