Supreme Court has disallowed application by the former Wajir Governor Ahmed Abdullahi to adduce additional evidence against the incumbent Mohamed Abdi Mahamud in the case challenging his degree.
“That the additional evidence be taken viva voce and by affidavits expeditiously before trial court is hereby dismissed”. Ruled the Judges.
The top court further dismissed Ahmed Abdullahi application seeking to cross-examine Wajir Governor Mohamud.
This means the governor will not be cross-examined over affidavits he has filed in court supporting his claim that he holds a university degree.
” The application by the applicacants to cross-examine all the deponent (s) of the affidavit (s) bearing additional evidence is hereby disallowed “. Court ordered.
In their ruling Chief Justice David Maraga and Mohammed Ibrahim there was no basis to review orders issued on 28th September.
The judges said Mr Abdullahi did not demonstrate that the ruling of 28th September this year was obtained fraudulently or deceitful , a nullity ,made under a mistaken belief that the parties had consented was rendered on the basis of a repealed law or as a result of a deliberately concealed statutory provision.
Governor Abdi moved to the Supreme Court following the appellate court decision that stood with the high court decision that threw out his election.
Judges Philip Waki, Milton Makhandia and Patrick Kiage said Abdi was not qualified to contest as he did not have a a degree.
In a judgement read by justice Kathurima M’inoti, the three added that Abdi wasted a chance to tell his side of the story when he failed to respond to the allegations raised against him.
Dissatisfied with the entire judgement, he contested it at the apex court.
Abdi’s election was nullified on Janaury 12 on grounds that it was not conducted according to the law.
Justice Alfred Mabeya said his academic papers were not complete since he doesn’t have a genuine degree.
Judge Mabeya also said Governor Abdi was not validly cleared to vie for the seat and noted many discrepancies in forms 37B.
