Hon HAFID Moves To Court, Appeals Nomination Of MCA’s On A Case Unlawfully Upheld By Mandera Magistrate

Mr Hafid Maalim Ibrahim who is fighting to represent people with disability at Mandera County assembly said in his court papers that the trial magistrate erred in both law and fact by announcing a flat judgment devoid of the necessary ingredients contrary to law.

He claims the magistrate also erred in law by affirming before hearing of evidence that he had jurisdiction to hear and determined petitions only to renege in the judgment for lack thereof.

“The learned magistrate Erred in law and fact by holding and finding that the petitioner ought to have presented the petition at the independent electoral boundaries commission tribunal after the declaration of election results of the 8th August 2017 when the matter properly lay for determination in an election court,” read part of court documents filed by Omwoyo, Momanyi and Gichuki advocates.

The appellant at the same time says the magistrate erred in his finding that the fourth respondent was validly nominated with glaring discrepancies of the law which were controverted.

Economic Freedom party, Independent Electoral and boundaries Commission (IEBC), Issack Dahir and Halima Billow Omar  are listed as 1st, 2nd, 3rdand 4th respondents.

Mr Ibrahim also said in his court documents that the margistrate erred in law and fact as he made no reference and or reliance on the entirety of the evidence and submission by the appellant and reasons for disallowing the same in the judgment.

The appellant now prays to the court that nominations of the 3th and 4th respondent by the 1st and 2nd respondent to the nominations of the Mandera county assembly was not validly done in accordance with the constitution.

The appellant also want the court to order amendment of list submitted by IEBC by deleting the name of the 4th respondent and inserting Hafid Maalim Ibrahim (the appellant) in her place to represent people with disability in the county assembly.  

While ruling on the case Mandera Senior Resident Magistrate Peter Areri argued that petitioners did not prove allegations of breach of political party nomination rules.

The senior resident magistrate also said that the petitioners have also not proved allegations of breach of the law or the Constitution of Kenya, as contained in their petitions, against any of the respondents.