Court of appeal upholds Lagdera MP election victory
In a recent decision, the Court of Appeal has upheld the election victory of Lagdera Member of Parliarment Abdikadir Hussein Mohammed , overturning a prior ruling by the High Court that had called for a repeat election due to irregularities.
The High Court had initially nullified his election citing elements of irregularities and had ordered a re-election to be scheduled by the electoral body.
Frustrated by the High Court’s decision, Abdikadir Hussein Mohammed appealed the ruling, seeking to secure his electoral victory.
In the 52 page judgement, the three – judge bench said there was no threshold to hold a fresh election, noting that the decision to nullify the election was drastic and a recount was baseless as it would only be a fishing expedition.
The MP in a press conference this afternoon has said he would hit the ground running immediately as there was no time to waste between now and the 2027 election.
The Court of Appeal judges who ruled on the case were Kathurima M’inoti, Hellen Omondi, and Ngenye Macharia.
In their verdict, the appellate judges emphasized that elections are a reflection of the people’s will and should only be interfered with by the courts if the irregularities are so significant that they render it impossible to establish a clear winner.
They highlighted that as long as the paper trail of the election allows the court to decipher the voters’ intentions, there should be minimal intervention by the judiciary. Abdikadir Hussein Mohammed had contested the election as a member of the Orange Democratic Movement (ODM) Party. During the election, he garnered 5,939 votes, defeating his closest rival, Abdiqani Zeitun, who secured 4,863 votes.
The incumbent, Mohamed Hire of the Kanu party, came in third place with 3,277 votes.
Following the Court of Appeal’s decision to uphold his election victory, Abdikadir Hussein Mohammed expressed his eagerness to resume his responsibilities as the Lagdera MP.
With only four years left in his term, he said he needed to get back to work to serve his constituents effectively.
The ruling has not only affirmed his electoral success but has also provided a legal validation of the electoral process conducted under the constitution and election laws.
The court of appeal has overturned a decision nullifying the election of Abdikadir Hussein as MP for Lagdera thus throwing out a high court decision to hold fresh elections. In the 52 page judgement, the three – judge bench said there was no threshold to hold a fresh election, noting that the decision to nullify the election was drastic and a recount was baseless as it would only be a fishing expedition. The MP in a press conference this afternoon has said he would hit the ground running immediately as there was no time to waste between now and the 2027 election.
The MP has named water provision, education and security as his priority areas in the remaining 4 years. incoiporate the new information to the story
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