PRESS STATEMENT ON THE HEARING AND DETERMINATION OF PETITION NO.7 OF 2018, (THE WAJIR GUBERNATORIAL APPEAL)
It has come to the attention of the Supreme Court, that both the mainstream and social media are awash with inaccuracies and falsehoods regarding the alleged delay in the hearing and determination of Petition No.7 of 2018.
While it is not the practice of the Court to respond to each and every falsehood published against it, having now delivered Judgments in 24 out of the 25 election related appeals filed in the second half of 2018, the need to dispel any fears of a deliberate move to delay the Judgment in the above appeal is imperative.
The Court record would thus show the following regarding the said Petition:
- After the Wajir Gubernatorial election of 8th August, 2017, Ahmed Abdullahi Mohamad filed a Petition on 6th September, 2017 challenging the declaration of results in which Mr. Mohamed Abdi Mahamud was declared the winner. The High Court, as the election Court, delivered its Judgment on 12th January, 2018 in favour of Mr. Ahmed Abdullahi Mohamad.
- Mohamed Abdi Mahamud was dissatisfied and filed an appeal at the Court of Appeal. The Appeal was dismissed in a Judgment delivered on 20th April, 2018.
- Mohamed Abdi Mahamud, once again dissatisfied with that Judgment, filed an appeal before the Supreme Court on 7th May, 2018.
- On 28th May, 2018, while parties were attending to pre-hearing matters, Mohamed Abdi Mahamud filed an application to adduce additional evidence. Responses were filed and a Ruling delivered on 28th September, 2018.
- On 8th June, 2018, Ahmed Ali Muktar, the Deputy Governor, filed an application seeking to be enjoined as an Interested Party. Responses were made to that application which was heard on 16th July, 2018 and a Ruling enjoining him was delivered on 28th September, 2018.
- On 5th June, 2018, IEBC and Gichohi Gatuma Patrick, the Returning Officer filed Petition of Appeal No.9 of 2018 against the Court of Appeal decision. On 11th June, 2018 that Petition was consolidated with Petition No.7 of 2018 but was withdrawn on 21st November, 2018.
- On 5th October, 2018, Ahmed Abdullahi Mohamad filed an application seeking leave to cross-examine Mr. Mohamed Abdi Mahamud. Responses were made to that Application and a Ruling was delivered on 12th November, 2018 dismissing the said Application.
- The Petition of Appeal was then heard on 21st November, 2018. Under Rule 20(1) of the Supreme Court Rules, a Judgment is to be delivered within 90 days from the date of hearing meaning that the Court, in the present case, has up to 21st February, 2019 to deliver its Judgment.
The Court would like to inform Counsel and Parties to note that the Judgment in the matter will be delivered well before the 21st February, 2019 and it is obvious that at no time has the Court deliberately delayed its hearing or determination.
Dated at Nairobi this 11th day of February, 2019.
BY DIRECTIONS OF THE SUPREME COURT