Court clears UDA candidate for Banisa by-election as dual citizenship case dismissed

Justice Lawrence Mugambi dismissed a petition challenging Hassan’s nomination, ruling that the case was premature, speculative, and without merit.

The petitioner had argued that Hassan, who holds dual citizenship, should not be allowed to run unless he first renounces his foreign citizenship.

However, Justice Mugambi disagreed, noting that Hassan is not yet a State officer, and therefore no law bars him from offering himself as a candidate.

“The dispute is premature and speculative. He has only offered himself as a candidate and is not a State officer. Why not wait for the facts to crystallise?” the judge said.

He added that the constitutional requirement on dual citizenship applies only after a person assumes office, not at the candidacy stage.

“Once he assumes office, he cannot serve as a dual citizen, meaning renunciation must be done before assuming a State office. It is too early for this court to compel him to renounce. What if he fails the election?” Justice Mugambi posed.

The court ultimately found the petition devoid of merit and dismissed it, effectively paving the way for Hassan to appear on the ballot in the upcoming Banisa by-election.