The Supreme Court on Friday upheld the election of Mohammed Abdi Mahamud as Wajir Governor on grounds that issues raised in the appeal emanated a from pre-election dispute conclusively dealt with by quasi-judicial tribunals.
In a majority verdict dissented by Chief Justice David Maraga and Justice Isaac Lenaola and led by Justice Smokin Wanjala, the judges noted that the appellant did not contest Mahamud’s suitability to vie in the August 2017 Wajir gubernatorial election at the High Court.
The judges ruled that pre-election dispute lodged before the Independent Electoral and Boundaries Commission Dispute Resolution Committee (IEBC-DRC) had been resolved in accordance with Article 88 (4) (e), the petitioner – Ahmed Abdullahi – failing to escalate the same to an election court.
“Although the petitioner was not a party of the proceeding at the IEBC-DRC, it has not been shown in this court that he was unaware of the proceedings or that when he became aware he took any action,” Justice Wanjala noted.
“In any event, the decision of the quasi-judicial body of the IEBC stands and it has never been overturned. The High Court and the Court of Appeal were bound by it and therefore declined to assume jurisdiction on the same,” the majority outlined.
Article 88 (4) (e) of the Constitution gives original jurisdiction on disputes arising from nomination of candidates to IEBC.
“The Commission (IEBC) is responsible for conducting or supervising referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament and, in particular, for— (e) the settlement of electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes subsequent to the declaration of election results,” the Article reads.