Court Saves ODM MP From Losing Seat

The Court of Appeal has upheld the election victory of Lagdera Member of Parliament Abdikadir Hussein Mohammed.

In a ruling on Friday, August 25, the appellate court ruled that Mohamed who vied for the Lagdera seat under the ODM party was elected fairly and within the constitution and election law.

The Court of Appeal judges Kathurima M'inoti, Hellen Omondi, and Ngenye Macharia said that Mohammed’s election was nullified wrongly

“We find that the nullification of the election was a drastic action as scrutiny should not serve the purpose of a fishing expedition, particularly in matters not pleaded. For the reasons advanced, we find merit in the appeal and the same is allowed with costs to the appellant and the 3rd and 4th respondents. It is so ordered, “ the judgement read in part.

The Court also noted that there was not enough proof to show there were irregularities during the Lagdera Parliamentary election.

“It is therefore clear to this Court that the 1st and 2nd respondents did not discharge the legal burden of proof to the required standard to prove these alleged irregularities. The burden having not been discharge, the trial court erred in invalidating the appellant's election on account of un-pleaded matters,” the Court added.

The High Court had nullified Mohammed’s election in March this year. He was however given a stay order following the ruling.

Mohammed was in August 2022 declared the winner by the IEBC after bagging 5,939 votes beating three other opponents.

They include Abdiqani Zeitun who got 4,863 votes and the then-incumbent Mohamed Hire of Kanu who was third with 3,277 votes.

He was the only MP elected on the ODM party ticket in Garissa County.