Hassan Joho loses bid to stop election petition

Mombasa Governor Hassan Joho follows court proceedings during the mention of a case against Airport Ward Representative, Ibrahim Omondi on October 23, 2017. Governor Joho has lost a bid to stop a case challenging his election. PHOTO | WACHIRA MWANGI | NATION MEDIA SCHOOL

What you need to know:

  • Ms Achode said the non-inclusion of Deputy Governor William Kingi in the petition was not crucial.
  • Mr Omar and Ms Shuma want the court to declare that there were massive irregularities in the conduct of the election.

Mombasa Governor Hassan Joho has lost his bid to have a petition challenging his election thrown out.

Justice Lydia Achode dismissed an application by Mr Joho seeking to have a petition filed by former Senator Hassan Omar and his running mate Linda Shuma struck out.

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

DEPUTY GOVERNOR
Ms Achode said the non-inclusion of Deputy Governor William Kingi in the petition was not crucial.

In her ruling, the judge said in the event the petition succeeds, 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 as a party to the petition renders it defective.

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

“The deputy governor cannot join the proceedings at this point,” Mr Buti said, adding that the court has powers 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.

IRREGULARITIES
Mr Aboubakar said that when challenging the election of a governor, his deputy is automatically included in the matter.

“We are here challenging the election of the governor of Mombasa. The petition questions elections and results,” Mr Aboubakar 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 in the conduct of the election.

VIOLATION
The petitioners — who have sued the Independent Electoral and Boundaries Commission, county returning officer Nancy Wanjiku and Mr Joho — say the petition is grounded on violations of provisions of the Constitution, statutes and regulations relating to the conduct of elections.

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

Justice Mugure Thande said the apprehension by Mr Saad Yusuf Saad, the petitioner, is unfounded, unreasonable and cannot form a justifiable basis for her recusal.

“This court shall not accede to an unfounded application for recusal. The application is hereby dismissed,” Justice Thande said.

Mr Saad had claimed that the judge had shown a bias.