A petition challenging the election of Mombasa Governor Ali Hassan Joho has now taken a surprise twist after the petitioner asked the presiding judge to step down.
Former Mombasa Senator, who filed the case, demanded for Justice Lydia Achode to excuse herself from the case over “open bias and double standards”.
Open latitude
Omar, through his lawyer Yusuf Abubakar, stated that during a hearing session on Monday, Justice Achode heard and granted applications sought by Joho’s legal team but at the same time dismissed those filed by the petitioner.
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The Jubilee politician further claimed that the judge had given Joho’s lawyers “an open latitude” during the Governor’s cross examinations, but introduced new restrictions when it was the turn of Omar’s lawyers.
Ballot papers inspection
Abubakar added that the judge had indicated that she would grant orders to inspect ballot papers, even before the orders are made.
Another example cited in Omar’s application for dismissal was a ruling by Achode which refused to force the IEBC to produce the original copies of the form 37A forms used in the Mombasa gubernatorial election.
"The act of denying us basic election materials, despite our prayers, and the move to strike out some of our evidence is a clear indication of bias," Abubakar stated in part.