Court throws out appeal challenging Joho’s election

Mombasa County Governor Hassan Ali Joho. The Court of Appeal has struck out a petition challenging a High Court Ruling that earlier upheld his election as governor. PHOTO/FILE.

What you need to know:

  • Three Court of Appeal judges dismissed an application by the appellant, Suleiman Shahbal
  • They dismissed the appeal on the strength of the Supreme Court ruling

The Court of Appeal has struck out an appeal challenging a High Court judgment that upheld the election of Mr Hassan Joho as Mombasa governor.

Three Court of Appeal judges dismissed an application by the appellant, Suleiman Shahbal, to argue the appeal to its conclusion.

Two weeks ago, Mr Shahbal told Appellate Judges, Hannah Okwengu, Milton Makhandia and Ms Fatuma Sichale that he wanted the appeal heard since it was still pending.

But the judges disqualified themselves saying they were uncomfortable proceeding with it and instead directed that the file be forwarded to the President of the Court of Appeal for directions.

Mr Joho, his deputy and the Independent Electoral and Boundaries Commission (IEBC) then filed a preliminary objection.

They stated that the Court of Appeal had no authority to hear and determine the matter owing to a ruling by the Supreme Court which declared in February that Mr Shahbal’s petition was filed out of time and ought not to have been heard even by the High Court.

SUPREME COURT GUIDELINES

Justices David Maraga, Kathurima M’Inoti and Agnes Murgor Wednesday dismissed the appeal on the strength of the Supreme Court ruling.

In a ruling delivered in February, the Supreme Court provided guidelines for filing election petitions by stating that they ought to be filed as soon as the results are declared.

This landmark ruling affected a number of petitions, including the appeal by Mr Shahbal and set the law for all future election cases in the country.

Mr Shahbal had filed the appeal last year and wanted the Appellate Court to set aside the High Court judgment that dismissed his petition and also sought to have the results that saw Mr Joho declared the Mombasa Governor nullified.

He challenged Justice Fred Ochieng’s decision in which he found that the elections were credible and were conducted in a free and fair manner.