Omar cites bias, seeks to withdraw Joho case

Mombasa Governor Hassan Joho yesterday breathed a sigh of relief when former senator Hassan Omar filed an application seeking to withdraw a petition challenging his election.

It is now up to the High Court handling the petition to accept the application or not.

Mr Omar and his running mate Linda Shuma said they no longer have confidence on the neutrality of Justice Lydia Achode hearing the petition and believe they will not get justice.

TAKEN SIDES

Through lawyer Yusuf Aboubakar, Mr Omar says it will be hypocritical to proceed with the petition when they believe the court has already taken sides.

“It is in the interest of justice and their legal right to be allowed to withdraw this petition,” argues Mr Aboubakar in the application.

The application by Mr Omar and Ms Shuma comes barely four days after Justice Achode declined to disqualify herself from hearing the petition.

Mr Omar wanted the judge to disqualify herself from hearing the petition, citing bias.

SCRUTINY

Mr Omar said the judge had displayed double standards when treating applications made by the parties by accepting to hear and grant those by Mr Joho and the

Independent Electoral and Boundaries Commission while refusing those he has filed.

“The presiding judge has given open latitude to the respondents’ advocates when cross-examining the petitioners and their witnesses but restricted the petitioners’ advocates when cross-examining the respondents and their witnesses,” said Mr Omar.

The former senator argued that Justice Achode has demonstrated in court that she will not grant his application for scrutiny even before the application) is heard . 

The petition will be mentioned on February 2.