Ali Sheikh
Nairobi.
The United Democratic Alliance (UDA) has received a major boost ahead of next week’s Banisa parliamentary by-election after the High Court dismissed a petition challenging the eligibility of its candidate, Ahmed Maalim Hassan, over allegations of dual citizenship.
In a ruling delivered on October 30, 2025, Justice Lawrence Mugambi rejected conservatory orders sought by petitioner Mohamedin Mohamed, a registered voter in Banisa, who argued that Hassan—cleared by the IEBC earlier that month—holds both Kenyan and British citizenship in violation of Article 99(2)(a) of the Constitution.
Justice Mugambi held that the petitioner failed to meet the legal threshold necessary to halt the electoral process, noting that suspending the poll—scheduled for November 27—would disrupt constitutionally mandated timelines.
“The application for conservatory orders lacks merit,” he ruled, directing that the main petition proceed on an expedited basis while the by-election moves forward uninterrupted.
The challenge emerged soon after UDA nominated Hassan on October 15, prompting Mohamed to file the suit on October 24, citing alleged discrepancies in Hassan’s passport records. The IEBC, however, had already dismissed the claims as “a blatant lie and fabrication,” with commissioners Marykaren Sorobit, Hassan Noor Hassan, and Anne Nderitu asserting that Hassan met all requirements. They added that if elected, he would only need to renounce any foreign citizenship before being sworn in as MP.
Hassan, is the younger brother of the late Banisa MP Kullow Maalim Hassan, who died on 28 March 2023. The constituency has therefore gone without an elected representative for more than two years—an absence that has intensified calls for renewed leadership.
His bid has been strongly backed by Banisa’s council of elders, who endorsed him to succeed his brother and restore continuity in development and representation.
UDA Secretary General Hassan Omar welcomed the judgment, calling it a “vindication of our candidate’s integrity” and urging supporters to concentrate on mobilizing voters.
Hassan, has been campaigning on infrastructure development, education, and youth empowerment, drawing significant crowds across pastoralist settlements.
Opposition rivals have continued to scrutinize the ruling. Aden Mohammed, the Democracy for Citizens Party (DCP) candidate—who recently dismissed speculation linking him to UDA—accused the ruling party of using state machinery to tilt the contest.
“The people of Banisa deserve a fair fight, not judicial shortcuts,” he told supporters at a rally on November 15.
The Banisa poll is among the most closely watched of the 24 by-elections being conducted nationwide, pitting UDA’s organisational strength against a fragmented opposition field.
With voting day nearing, the IEBC has intensified preparations, including voter education campaigns targeting low-literacy communities.
Turnout is projected at around 45%, consistent with previous by-elections in the region. Security agencies have also been deployed to manage tensions linked to clan rivalries.
While the court’s decision removes a key obstacle for UDA, analysts caution that the dual citizenship question may resurface should Hassan win, potentially becoming the subject of post-election litigation.
For Banisa’s 31,000 registered voters, the November 27 poll represents an opportunity to regain long-missed representation—and to press for renewed attention to an often-overlooked corner of the country.