Why the court refused to entertain ousted Garissa MCA Mohamed Ali’s appeal

 

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Abakaile ward MCA Mohamed Ali speaking to the press outside the court

While politicians have actively started campaigning for the 2022 general elections despite warnings from the likes of Mr president,Raila and Ruto to focus on delivering to the mwananchi first, there is another hopeful lot hoping that courts will put them in power.

A five-judge appellate bench yesterday rejected an appeal by an ousted Garissa MCA and reiterated that the court has no power to entertain the case.

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Court of Appeal judge Alnashir Visram

The court, presided over by Justice Alnashir Visram, said the High Court has the ultimate jurisdiction to handle appeals from the magistracy relating to the election of MCAs.

Justice George Dulu had on August 29 nullified the election of Mohamed Ali as the representative of Abakaile ward in Dadaab constituency following a petition lodged by his political rival Abdiwahab Sheikh.

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Ali said yesterday he would prefer an appeal to the Supreme Court.

Do you think Mohamed should continue battling it out in the court or serve people as he awaits for the next elections?

The appellate bench said there was no right of a second appeal relating to MCAs since they were excluded by some sections of the Elections Act.  

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Abakaile MCA and Garissa assembly Minority leader Mohamed Ali and lawyer Humphrey Mayange after a petition

Instead, the Act is specific that an appeal from the resident magistrate’s court will be heard and determined by the High Court.

Appellate judges Ouko, Roselyne Nambuye and Mohamed Warsame had ruled on November 26 that the intention of Parliament was clear in providing that the High Court will sit on appeals on the elections of MCAs and its decisions are binding.

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