Joho now wants Hassan Omar's petition against him dismissed

dennis kibet

September 29, 2017 8:00 AM

Joho's case has taken on a new twist after ....

The case in which former Mombasa Senator Hassan Omar and his running mate Ms Linda Shuma wants Governor Hassan Joho’s win in the August 8 polls nullified, has taken on a new development.

In their petition, Mr Omar and Ms Shuma want the court to declare that there were massive irregularities in the conduct of Mombasa gubernatorial elections.

Joho now wants the petition filed against him by Omar challenging his election struck out.

Through his lawyer Paul Buti, Joho argued that Omar’s exclusion of his deputy William Kingi from the petition, has rendered the case defective and incompetent.

Already, the Independent Electoral and Boundaries Commission (IEBC) has indicated that it will support the application by Mr Joho and was given three days to file its response.

The governor maintained that the Elections Act describes and recognises a deputy governor as a candidate in the election, together with that of the governor.

“The Constitution, Elections Act and Election General Regulations have all made abundant provisions for the election of the deputy governor directly by the people at an election,” the application by Joho further states.

Joho said that as a result the rights of the deputy governor will suffer as a result of a trial conducted without his participation.

According to The Star, Omar and his running mate Ms Shuma have filed the petition together as one hence the oversight to exclude Mr Kingi renders the petition defective.

Justice Lydia Achode, who is presiding over the case directed the petitioners, through their lawyer Yusuf Aboubakar, to file their responses within the next five days.

Joho’s application is set to be heard on October 9.

dennis kibet