Hassan Omar files to withdraw petition against Joho, cites bias by court

Hassan Omar has always claimed Judge Lydia Achode is biased on his case challenging Joho’s win [Courtesy]

Former Mombasa Senator Hassan Omar has filed an application to withdraw his petition challenging Governor Joho’s win over what he termed as bias by the presiding judge.

“The petitioner no longer have confidence on the neutrality of the presiding judge hearing and believes that he will not get justice in the matter,” he said in the application.

He added, “It will be hypocritical for the petitioner to proceed with this matter when they believe that the honourable Court is already biased against them.”

Recently during a hearing of the case on January 11, 2018, lawyers representing the former allies turned political foes were locked in a bitter exchange of words.

Omar through his lawyer Yusuf Abubakar had filed an application seeking to have Judge Lydia Achode withdraw from the case over open bias in handling the applications.

Mohammed Balala who is representing Governor Hassan Joho would however dismiss the claims, saying the call for the recusal was a move aimed at intimidating the court.

Judge Achode dismissed the application calling for her disqualification from the case, insisting Omar should have gone to the appeals court.

“The petitioner has never appealed any ruling by the court to express his dissatisfaction,” she said during the ruling.

“It was not enough for the former senator to make mere allegations. He should have given reasonable grounds that there is bias,” she added.