Abdirahman Ali Hassan has lost his seat

Wajir South MP Abdirahman Ali Hassan has lost his seat after a court nullified his election Friday saying the poll was not transparent.

Mr Hassan became the sixth MP in the tenth Parliament to lose his seat through election petitions. He was elected on a Kanu ticket.

According to Justice Luka Kimaru, Mr Hassan was not validly elected owing to number of irregularities overlooked by the defunct Electoral Commission of Kenya.

The Judge said that ECK officials abdicated their responsibilities in two polling centres by allowing agents to control the voting process.

Justice Kimaru said that the candidates also took advantage of the voters' illiteracy to their benefit.

During the December 27, 2007 General Election, Mr Hassan beat Mr Mohamud Muhumed Sirat to recapture the seat but the latter moved to court citing anomalies.

In his final submissions, Mr Hassan asked the court to dismiss the case saying his opponent relied on hearsays.

Illiteracy

He further said that if there were anomalies during the election, it was a result of illiteracy levels of the constituents.

According to the MP, up to 90 per cent of the voters were illiterate and had to be assisted in voting.

The sentiments were supported by the Interim Independent Electoral Commission saying that its predecessor employed an additional clerk to assist the voters because of illiteracy.

But Mr Sirat argued that he had proved allegations of malpractices.

He further faulted the defunct electoral body for relocating two polling stations without allegedly informing voters.

According to him, some voters were disenfranchised.

Mr Hassan joins a long list of MPs who have lost their seats in election petitions since the 2007 elections.

Recapture seat

Other legislators whose seats were nullified by the courts are: Joel Onyancha (Bomachoge), Omingo Magara (South Mugirango), George Thuo (Juja), Dick Wathika (Makadara) and Chirau Ali Mwakwere (Matuga).

Of those, only Mr Mwakwere has managed to recapture his seat in subsequent by elections with Mr Onyancha (PNU) and Mr Magara (ODM) being felled by Simon Ogari (ODM) and Manson Nyamweya (Ford People) respectively.

However, by-elections for Juja and Makadara constituency are yet to be held.

Foreign Affairs minister Moses Wetang’ula successfully defended a petition challenging his election as Sirisia MP.