A Mandera court has nullified the nomination of Abdow Bishar of the United Democratic Movement party.
Senior Resident Magistrate Peter Wasike declared Suban Ahmed Abdinoor as the duly nominated MCA.
"The nomination of Bishar was not in compliance with the constitution, the relevant election and nomination laws and regulations, and the party constitution," read part of the judgement.
Bishar lost his seat after the court found that he was fraudulently gazetted on September 9 last year as a nominee for UDM without having been a member of the party.
The report adds that he forged his registration as a UDM member after the August 9 general election.
The UDM party list submitted to the IEBC and published in the newspaper did not include Bishar in the list of the eight nominees. It raised questions about how he appeared later as a nominated MCA.
It was confirmed that IEBC had a different list in its records which was different from the original list submitted to the agency and approved.
Even though Bishar insisted he was a bonafide life member of UDM and had a life membership card, the court rejected his statement.
In his ruling, Wasike declared Abdinoor as validly elected and the IEBC directed to publish a gazette notice.
The Elections Act provides that an election court shall, at the conclusion of the hearing of an election petition, determine the validity of any question raised in the case.
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"I hereby direct the first respondent (Independent Electoral and Boundaries Commission) to issue forthwith and publish a gazette notice electing Abdinoor to the county assembly of Mandera under the marginalised category," the court said.
"Consequently, the notice to be issued forthwith to the commission and the speaker of Mandera County Assembly be duly notified."