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Court rejects appeal by ousted Garissa MCA

A five-judge appellate bench yesterday rejected an appeal by an ousted Garissa MCA and reiterated that the court has no power to entertain the case.

The court, presided over by Justice Alnashir Visram (pictured), said the High Court has the ultimate jurisdiction to handle appeals from the magistracy relating to the election of MCAs.

Justice George Dulu had on August 29 nullified the election of Mohamed Ali as the representative of Abakaile ward in Dadaab constituency following a petition lodged by his political rival Abdiwahab Sheikh.  Ali said yesterday he would prefer an appeal to the Supreme Court.

The appellate bench said there was no right of a second appeal relating to MCAs since they were excluded by some sections of the Elections Act.  Instead, the Act is specific that an appeal from the resident magistrate’s court will be heard and determined by the High Court.

Appellate judges Ouko, Roselyne Nambuye and Mohamed Warsame had ruled on November 26 that the intention of Parliament was clear in providing that the High Court will sit on appeals on the elections of MCAs and its decisions are binding.

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