The High Court has declined to grant conservatory orders sought to suspend the upcoming Banissa Constituency by-election, choosing instead to prioritize the full hearing of the case.
In his ruling, Justice Lawrence Mugambi directed that the application and main petition be consolidated and heard together on an expedited basis. The judge emphasized that the matter will proceed without delay to ensure a timely determination.
The petition was filed by Mohamedin Mohammed, a voter from Banissa, who is seeking to nullify the candidacy of Ahmed Maalim Hassan, the United Democratic Alliance (UDA) nominee. The petitioner claims that Hassan is ineligible to contest, alleging he holds dual citizenship.
Justice Mugambi ordered all respondents to file and serve their responses to the petition by tomorrow, allowing the petitioner to submit a further affidavit if necessary. However, the court made it clear that no extensions will be granted and that any documents filed outside the stipulated timelines will be struck out.
The judge further directed that judgment will be delivered before November 27, 2025, provided all parties comply with the court’s directions.
The decision ensures that the case will be concluded swiftly, balancing the need for due process with the constitutional timelines governing by-elections.
