Hassan Omar withdraws appeal against governor Joho
Mr Hassan Omar, who has withdrawn his appeal against a High Court decision upholding election win of Hassan Joho as Mombasa governor. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- Mr Omar moved to the appeals court after the High Court upheld 2017 election victory of governor Joho.
- Mr Omar to pay Sh1.5 million in costs.
Former Mombasa Senator Hassan Omar has withdrawn his appeal against a High Court decision upholding the election of Governor Ali Hassan Joho.
Through lawyer Yusuf Aboubakar, Mr Omar and his running mate Linda Shuma on Monday told the Court of Appeal sitting in Mombasa of their intention to withdraw the appeal.
Mr Joho through his lawyers Mohamed Balala, Paul Buti and Dennis Mosota did not object to the withdrawal of the case.
The governor also withdrew a cross appeal that he had filed.
Lawyers Mohamed Balala (left), Yusuf Aboubakar, Paul Buti and Daniel Ondego representing Mombasa Governor Hassan Joho Mr Hassan Omar and the Independent Electoral and Boundaries Commission at the Court of Appeal in Mombasa on June 25, 2018. PHOTOS | PHILIP MUYANGA | NATION MEDIA GROUP
Appellate judges Alnashir Visram, Martha Koome and Sankale ole Kantai had to adjourn the proceedings twice to allow the lawyers for both parties to record a consent. In the consent, the Sh4 million in costs awarded by the High Court to be paid to Mr Joho and IEBC each were revised to Sh1.5 million. “The appellants (Mr Omar and Ms Shuma) and the third respondent (Mr Joho) have further agreed that the costs awarded in the High Court be revised to Sh1.5 million only,” read part of the consent.
Mr Omar and Ms Shuma had challenged the High Court's decision upholding the election of Mr Joho. Justice Lydia Achode upheld Mr Joho’s election stating that the grounds raised by the petitioners in seeking the nullification of the results were insufficient, based on hearsay, and lacking in evidence.
She said the petitioners failed to prove allegations of ballot stuffing, voter bribery and unstamped ballot papers.
“The irregularities complained of in each of the grounds are not so grave, either by themselves or in totality as to lead to the conclusion that there was no election held for the governor's seat, or that the elections were not free, fair, transparent and verifiable,” she ruled.
In her judgement delivered in February, the judge further said the irregularities did not have substantial effects on the final results.
Governor Joho in his cross appeal had sought to have the court set aside the High Court decision dismissing his application seeking to have the petition struck out for non-inclusion of his deputy in the proceedings.
He wanted the Appellate Court to rule that the petition by Mr Omar at the High Court was defective.
He had argued that Justice Achode erred in law in holding that the joinder of the deputy governor was not crucial to the petition.
