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Ali Hassan Abdirahman v. Mahamud Muhumed Sirat, Ibrahim Hish Adan (Returning Officer) & Interim Independent Electoral Commission

(2010) JELR 106186 (CA)

Court of Appeal  •  Civil Appeal 26 of 2010  •  12 Oct 2010  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

JUDGEMENT OF THE COURT

This is an interlocutory appeal. It arises from the ruling of the superior court (Kimaru. J.) made on 22nd January, 2010, dismissing an interlocutory application seeking the “dismissal” of an election petition filed in relation to Wajir South Constituency (“the constituency”).

The Petitioner, Mahamud Muhumed Sirat (Sirat) was one of eleven candidates in the Parliamentary elections that took place in the constituency on 27th December, 2007. In the results announced by the returning officer (2nd respondent) on behalf of the Electoral Commission of Kenya (ECK – 3rd Respondent, subsequently substituted with IIEC), Sirat came second to the winner, Ali Hassan Abdirahman (1st respondent) (Ali) who became the new member of Parliament. Sirat subsequently complained that there were numerous irregularities in the election, bribery and commission of election offences and he sought, not only the scrutiny of the votes and ballot papers, but also for orders:

“(c) THAT the said Pa…

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