On 21 November 2018, the Supreme Court was due to hear rival submissions in the dispute over Wajir Governor Mohamed Abdi Mohamud’s election, with the governor fighting to retain his seat after losing in the lower courts.
Mr Mohamud went to the apex court after the High Court and the Court of Appeal held that he was not validly elected because he did not have a degree. He persuaded the court to allow him to place before it material showing that he held a bachelor’s degree in business management and a master’s degree from Kampala University.
His opponent, former governor Ahmed Abullahi, wanted the governor to be cross-examined, but six Supreme Court judges rejected that request. Led by Chief Justice David Maraga, the bench said affidavit evidence would be sufficient.
To back his case, Mr Mohamud filed three affidavits, among them statements from Kampala University Vice-Chancellor Badru Dungu Katerega and Academic Registrar Hamza Segawa. Mr Abdullahi responded with five affidavits challenging the claim that his rival was a graduate of the institution.
The judges — Maraga, Mohamed Ibrahim, J.B. Ojwang’, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola — allowed Mr Mohamud to produce his academic certificates. They said he had not been given a fair hearing before the High Court and the Court of Appeal.
Justice Alfred Mabeya had earlier nullified Mr Mohamud’s election, ruling that he was not qualified to contest and therefore had not been validly elected. The Court of Appeal later agreed, saying the election was a nullity because he did not meet the requirements for running.
Mr Abdullahi also relied on parliamentary records showing that Mr Mohamud appeared before the departmental committee on defence and foreign relations on 3 September 2014 during vetting for ambassadorial appointment and told the committee that he had not yet graduated.
“Accordingly, I make a finding that the first respondent did not have the academic qualifications to vie for the position of governor. He was therefore not legally cleared to vie for the position because he did not satisfy the provisions of the elections act,” Mr Mabeya ruled.
The case turned on whether the governor’s academic record met the legal threshold for election, with the Supreme Court now asked to weigh the competing affidavits and the earlier findings against him.
