Courts Nullify Election Of 2 ODM MPs As Wajir Governor Survives Petition

ODM did get a reprieve after a petition challenging...

Courts Nullify Election Of 2 ODM MPs As Wajir Governor Survives Petition
Raila Odinga greets a huge crowd as he makes his way to Kamukunji grounds on January 23, 2023. /RAILA ODINGA

The Orange Democratic Movement Party has been hit with a setback after two Members of Parliament (MP) who were elected on their party ticket were nullified on Friday, March 3.

Lagdera MP Abdikadir Hussein's election was nullified by the High Court in Garissa on grounds that it had irregularities.

According to the election results declared by the Independent Electoral and Boundaries Commission (IEBC), Hussein garnered 5,939 votes in the parliamentary race, beating United Democratic Alliance's- UDA's Abdiqani Zeitun who had 4,863 votes.

Hussein's competitor in the August 2022 polls- Zeitun had moved to the Court to challenge Hussein's win in the hotly contested race. 

Abdikadir Hussein being handed a victory certificate after being declared the winner. /NTV KENYA.FACEBOOK

The verdict on the Lagdera Constituency election came days after four voters moved to court claiming that Abdikadir Hussein was not a Kenyan citizen and thus was not eligible for election. 

"Clans play a role in the politics of the region but constituents elected me despite coming from a small sub-clan. This is a big statement in itself. I don't have enough words to thank them," Hussein said after being announced the winner.

Another ODM MP, Harrison Garama Kombe, had his election as Magarini MP nullified by the Malindi High Court due to massive irregularities.

UDA candidate Stanley Kenga had petitioned, challenging Kombe's August 2022 win. The court ruled that a by-election should be conducted following massive irregularities including ballot stuffing, reduction and interchanging of results in favour of the winner declared by IEBC.

Consequently, the High Court ordered a fresh election to allow the constituency's voters to duly elect a new representative. Kombe made a comeback to the 13th Parliament after five years in the political cold.

ODM did get a reprieve after a petition challenging Wajir Governor Ahmed Abdullahi's victory in the 2022 elections was dismissed by the High Court.

Justice George Dulu upheld Abdullahi’s election and dismissed a petition lodged by poll loser Adan Mohamed Hassan of the Jubilee Party. The judge, sitting at the High Court in Milimani, Nairobi, said the petitioner failed to demonstrate that Abdullahi, who won on an ODM ticket, was not validly elected.

Justice Dulu dismissed claims that the governorship election was marred by irregularities and illegalities which benefitted Abdullahi, adding that the election was held in accordance with the Constitution and the law and that the exercise was fair.

Wajir Governor Abdullahi Ahmed takes his oath of office following the August 9, 2022 elections. /DAILY NATION

Also thrown out were Hassan’s claims that a large number of voters who cast their ballots were not identified using the Kenya Integrated Management System (KIEMS) kits.

With ODM however losing two MPs, this leaves the party in danger in the National Assembly and continues the torrid run of the Azimio la Umoja coalition which yielded its numbers to the ruling Kenya Kwanza coalition, which also endangers its chances of benefiting from debates of passing amendments.

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