Appeal judges throw out case against Hassan Joho’s win
Mr Suleiman Shahbal addresses a press conference on October 6, 2013. PHOTO | LABAN WALLOGA | FILE
What you need to know:
- Two weeks ago, Mr Shahbal told appellate judges Hannah Okwengu, Milton Makhandia and Fatuma Sichale that he wanted the appeal heard since it was still pending
- The Supreme Court 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
An appeal challenging a High Court judgment that upheld the election of Mr Hassan Joho as Mombasa Governor has been thrown out.
Three Court of Appeal judges dismissed an application by the applicant, Mr Suleiman Shahbal, to pursue and argue the appeal to its conclusion despite an earlier ruling by the Supreme Court that expressed its opinion on the matter.
Two weeks ago, Mr Shahbal told appellate judges Hannah Okwengu, Milton Makhandia and 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 preliminary objections on jurisdiction saying that the Court of Appeal had no authority to hear and determine the matter owing to the ruling by the Supreme Court.
The top court 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.
As such, Justices David Maraga, Kathurima M’Inoti and Agnes Murgor yesterday dismissed the appeal on the strength of the Supreme Court ruling.
