The court upheld Joho’s win after making the finding that the petitioner failed to prove his case/FILE
MOMBASA, Kenya, Feb 22 – The High Court on Thursday dismissed a petition challenging the election of Mombasa Governor Hassan Joho.
Judge Lydia Achode said petition filed by former Senator Hassan Omar lacked sufficient evidence to invalidate Joho’s poll win.
In her ruling, Achode instructed the petitioner to pay Sh8 million in costs.
Omar had presented 10 grounds that included voter bribery, ballot stuffing, misuse of public resources among others to overturn the August 8 election verdict saying it was not credible and transparent.
“Based on the evidence adduced before the court, the petitioner failed to prove irregularities and illegalities in the election. There is no sufficient evidence to warrant a nullification of election,” ruled Achode.
Achode said Omar failed to present witnesses to prove, tampering of ballot papers in different polling stations in Changamwe, Likoni, Nyali and Kisauni constituencies.
She further said the petitioner failed to attest that some voters were turned away from the polling stations. Achode added that the evidence presented by the petitioner did not affect the outcome the election.
Omar had filed an application to withdrawn the petition saying he had no confidence in the neutrality of the presiding judge. His application was rejected by the court.
He accused Achode of open bias and double standards in handling the application and wanted her to recuse from hearing the petition.
Joho recaptured his seat by defeating Jubilee Party candidate Suleiman Shahbal, Wiper Secretary-General Omar and ex-Nyali MP Hezron Awiti.
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