Election Petition against Joho will proceed, court rules

Justice Lydia Achode making her judgment over Mombasa Governor Hassan Joho's application to have former Mombasa Senator Hassan Omar's petition struck out of court, at the Mombasa High Court on Tuesday 24th October 2017. Justice Achode dismissed the application and the petition will now go to full hearing. [Photo/Kelvin Karani]

The High Court will proceed to hear a petition challenging the election of Governor Hassan Joho.

Mr Joho had asked the court to strike out former senator Hassan Omar's petition for failing to include the governor's running mate, Willam Kingi, in the suit.

However, Lady Justice Lydia Achode dismissed Joho's application, arguing failure by the petitioner to include Mr Kingi is not fatal to the case.

She said the issue of whether or not Joho’s deputy should be included in the petition will be considered later because it is not the main concern at the moment.

The law states a deputy governor suffers the same fate as governor in case results are nullified.

“It is my view that the issue of including the deputy governor is not crucial in the petition,” Ochode said on Tuesday.

On September 8, Omar, who contested the governorship on Wiper Democratic Movement ticket and a Ms Linda Mariwa Shuma, filed a petition against Joho, the electoral commission and Returning Officer Nancy Wanjiku Kariuki, claiming there was massive rigging.

Omar came third in the August 8 elections behind Joho and second-placed Suleiman Shahbal of Jubilee. Omar is also challenging the declaration of Joho as governor based on his academic qualifications.

Joho is accused of forging his KCSE certificate.