The Supreme Court of Kenya has upheld the election of Wajir Governor Mohammed Abdi on Friday afternoon.
In a ruling read by the Chief Justice David Maraga and his counterpart Justice Smokin Wanjala, the duo stated that given the submissions made on the case, the court rules that he was validly elected.
The ruling saw four out of the six-judge bench finding that the two lower courts wrongly assumed jurisdiction to rule on the governor’s academic papers.
Justices Mohammed Ibrahim, Jackton Ojwang, Njoki Ndungu and Smokin Wanjala overturned the ruling of the Appeal Court that voided the Wajir Governor’s poll win.
“No appeal was lodged to challenge the same degree issue …on what basis will this court now rule on the matter? We rule that this court has no jurisdiction,” Justice Wanjala read.
“The declaration of the results of IEBC of the governor is hereby upheld,” he added
However, Chief Justice David Maraga and Justice Isaac Lenaola dissented on the ruling affirming that they ‘agree with the issue that a degree is a pre-requisite for one to view for governor seat.”
The petition, which was the remaining one at the highest court on the land that concerns a governor, has had many phases of controversy surrounding it.
In the August 8, 2017 general elections, Mohammed was announced the winner however, his rival Ahmed Abdullahi challenged his win at the High Court, alleging “massive” malpractices.
Additionally, the challengers also argued that Mr Abdi had not been cleared to vie for the seat.
The former Saudi Arabia ambassador become the first governor in the country to lose his seat after the High Court nullified the case.
In his resilience, Governor Mohammed filed a notice of appeal against the High Court’s decision at the Court of Appeal.
However, the Court of Appeal upheld the decision of the High Court, slapping the governor with another blow.
Dissatisfied with the ruling, the Wajir Governor took the battle to the Supreme Court, where his election has now been upheld.