The election petition filed by former Mombasa Senator Hassan Omar Hassan challenging the election of Ali Hassan Joho as Governor proceeds to full hearing after the High Court sitting in Mombasa dismissed defence submissions as “unmerited and lacking any legal basis” the claims by Joho lawyers that failure to include the Deputy Govvernor in the petition rendered it defective and incompetent.
In a humiliating defeat for the Governor, Lady Justice Lydia Achode said Joho failed to give proper reasons why the case should be struck out. The court found that attempts to block the petition were unwarranted and that the inclusion of the name of the Deputy Governor in petition papers was inconsequential as far as the law was concerned.
Although just in it’s preliminary stages, the ‘landmark’ ruling means that Joho will now have to adopt a revised strategy in his defence in an election that has been petitioned primarily on grounds of massive systemic irregularities and ballot stuffing leading to fraudulent results.
The petition includes prayers that would not only nullify Joho’s election but are also potentially damaging since they touch on his personal integrity and could possibly result in serious criminal liability which carry the possibility of lengthy jail term.
Team Hassan Omar Sarai insists they’ll continue to watch over the interests and rights of the people of Mombasa.