Petition to kick out Joho ‘defective’
What you need to know:
- The lawyer said should the court strike out the petition Mr Otuke has an option of lobbying Members of the County Assembly to kick out the governor.
- The Independent Electoral and Boundaries Commission (IEBC) through lawyer Sanjeev Khagram noted that there is a fixation with the election of Mr Joho.
A petition by a voter seeking the removal of Mombasa Governor Hassan Joho from office over his academic qualifications is defective, his lawyers argued Wednesday.
Through lawyer Mohamed Balala, the governor told a three judge bench that the petition appears constitutional but it is not.
Mr Balala was speaking before a three-judge bench hearing the case, which is filed by Mr Silas Otuke, a voter who wants Mr Joho sent home.
The lawyer said should the court strike out the petition Mr Otuke has an option of lobbying Members of the County Assembly to kick out the governor.
The Independent Electoral and Boundaries Commission (IEBC) through lawyer Sanjeev Khagram noted that there is a fixation with the election of Mr Joho.
He said IEBC is a public body funded by taxpayers hence it should not spend its cash on matters which are not supposed to be in court. “The plethora of litigation has to be stopped. I urge the court to dismiss the petition with costs,” said Mr Khagram.
FRESH ELECTIONS
Mr Otuke claims that Mr Joho lacks a degree which is mandatory in his position and has asked the court to declare as null and void a gazette notice which declared him (Mr Joho) and his deputy as governor and deputy governor respectively.
He also wants all nominations and appointments conducted by the duo to be declared null and void.
Further, he wants the court to order for fresh elections.
He claimed that by January 31, 2013, Mr Joho was not a holder of any degree.
Hearing continues.
