Hassan Joho loses bid to strike out petition against his election

Mombasa Governor Hassan Joho suffered a setback after the High Court dismissed his application to have an election petition struck out.

He wanted the court to strike out the petition against his election filed by former Mombasa Senator Hassan Omar and his running mate Ms Linda Shuma.

ELECTION

“I decline to grant orders sought, the application is dismissed,” said Justice Lydia Achode on Tuesday at the High Court in Mombasa.

She said the fact that the exclusion of Deputy Governor William Kingi from the petition was not crucial to the case.

In her ruling, the judge said in the event the petition succeeds, then the deputy governor suffers the same fate as his boss.

Through lawyers Paul Buti, Mohamed Balala and Dennis Mosota, Mr Joho had argued that the exclusion of his deputy from being party to the petition renders it defective and incompetent.

Mr Joho said a complaint over the election of a governor cannot be made without the deputy because the two are intertwined.

POWER

“The deputy governor cannot join the proceedings at this point,” said Mr Buti, adding that the court has inherent power to reject the petition after it has been shown that it is defective.

Through lawyer Yusuf Aboubakar, Mr Omar had told the court that the deputy governor is a nominee of a governor hence his exclusion should not affect the case.

Mr Aboubakar said when challenging the election of a governor, it also includes that of his deputy whose position is not elective.

“We are here challenging the election of the governor of Mombasa. The petition questions elections and results,” he said, adding that the deputy governor is part of the petition.

In their petition, Mr Omar and Ms Shuma want the court to declare that there were massive irregularities and violation of the Constitution and election laws during the election.

The petitioners have sued the IEBC, County Returning officer Nancy Wanjiku and Mr Joho.

IMPARTIAL

Separately, a judge has declined to disqualify herself in a case in which a man is challenging the election of Mombasa Woman Representative Asha Hussein.

Petitioner Saad Yusuf Saad had said Justice Mugure Thande judge had shown bias against him and his lawyer.

He further claimed that the judge has shown the same bias and impartiality as she did in handling another petition which she struck out.

But Justice Mugure said Mr Saad’s apprehension is unfounded, unreasonable and cannot form a justifiable basis for her recusal.

She said she has always been committed to delivering justice in accordance with her oath of office without fear, bias, affection or influence.

Justice Thande said she does not know any of the parties in the petition and has no interest in the case’s outcome.