Appeal Court Reverses Nullification of Lagdera MP’s Election
The Court of Appeal has reversed the High Court’s decision to invalidate Abdikadir Hussein Mohamed’s election to the House of Representatives from Lagdera in last year’s General Elections.
In a ruling issued on Friday, August 25, Justices K. M’inoti, H.A. Omondi, and Ngenye Macharia determined that Mohamed, who ran on an Orange Democratic Movement (ODM) ticket, was duly elected.
In the August elections, the Lagdera representative was declared the victor after receiving 5,939 more votes than his closest adversary, Abdiqani Zeitun, who received 4,805 votes.
“Also challenged in the appeals are the rulings on interlocutory applications dated 26 January 2023 and 6 February 2023.
“At the pre-trial directions stage, the parties were averse to consolidating the appeals, preferring that they be heard concurrently,” the Court of Appeal’s decision stated.
Mohamed’s appeal centered on the process of scrutiny, the outcome of scrutiny, and whether the observed discrepancies met the threshold for invalidating the election.
The Court of Appeal ruled that the first and second respondents failed to meet their burden of proof because the trial court deemed all six of the petition’s complaints to be without merit and dismissed them.
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The three justices explained that it is therefore evident to them that Zeitun, Mohamed’s adversary, did not meet the required burden of proof to prove the alleged irregularities.
“Because the burden of proof was not met, the trial court erred in invalidating the appellant’s election due to unpled matters.
In a portion of the ruling, it was stated, “We find that the nullification of the election was a drastic action, as scrutiny should not serve as a fishing expedition, particularly in matters not pled.”
For the stated reasons, the three-judge panel found merit in the appeal and granted it, with appellant and respondent costs.
Tom Ojienda, the attorney for Lagdera’s member of parliament, used the occasion to commemorate his accomplishments, particularly when representing the ODM.
“I’ve won ODM Election Appeal No. E004 of 2023 for the Lagdera Constituency this morning.” I performed this action for my Party.
“I am worthy of Congratulations. Prof. Tom Ojienda, who represented Mohammed, stated that the party had lost its seat on the High Court.
Appeal Court Reverses Nullification of Lagdera MP’s Election
