The High Court has given UDA candidate Ahmed Malim Hassan the green light to contest the Banisa Constituency by-election set for next week.
Justice Lawrence Mugambi dismissed a petition that sought to block Hassan’s candidature on grounds that he holds dual citizenship. The judge ruled that the challenge was premature, speculative, and without any legal foundation.
The petitioner had argued that Hassan should not be allowed to run unless he first renounces his foreign citizenship. But Justice Mugambi noted that Hassan is not yet a State officer, and therefore no law bars him from offering himself as a candidate.
The judge questioned why the petitioner wanted the court to intervene before the situation had fully materialised, saying the dispute lacked ripeness for adjudication.
He stressed that the constitutional bar against dual citizenship only kicks in after one assumes a State office. At the candidacy stage, he said, the law does not require any renunciation.
Justice Mugambi added that any requirement to renounce foreign citizenship must be fulfilled before assuming office, not before appearing on the ballot. He wondered why the court should compel renunciation at this stage, noting that Hassan could still lose the election.
The court found the petition devoid of merit and dismissed it, effectively clearing the path for Hassan to appear on the ballot in the upcoming Banisa by-election.
