It is a tragedy for ousted Garissa Member of County Assembly (MCA) Mohammed Ali after the appellate court rejected his appeal on Wednesday.
In a ruling delivered by a five-judge bench, the Court of Appeal rejected a submission by the former Abakaile MCA, revealing that the court does not have any constitutional powers to handle the case at that stage.
According to a mainstream media house, the appellate court directed that it is the High Court that has the ultimate jurisdiction to hear and handle all related appeals emanating from the magistracy in relation to all election of MCAs.
Furthermore, the court also disclosed that its appellate bench does not give a second appeal on matters relating to MCAs citing a clause at the Elections Act that excludes MCAs subsequent petitions and appeals.
The ousted Abakaile MCA had filed an appeal at the court following a ruling delivered by Justice George on August 29, 2018, that nullified his electoral win in the last elections. Mohammed Ali's oust follows a petition by his political rival Mr Abdiwahab Sheikh.
Latest reports from the MCA indicate that he is set for another appeal at the country's apex court in Milimani area, Nairobi.