Celebrations broke out in Mombasa after the electoral court upheld the victory of Governor Hassan Ali Joho.
Hundreds of the governor’s supporters broke into song and dance inside the court room after Justice Lydia Achode dismissed a legal challenge of the August 8 2017 gubernatorial polls and poured into the streets and celebrated to the governor’s office.
““I find the petitioner did not discharge standard of proof of his case in all aspects he complained of which include irregularities, bribery , ballot stuffing and others to grant him the prayers he had sought,” said Justice Lydia Achode as he upheld Joho’s win and slapped the petitioner with a Sh8 million fine.
Omar and his main lawyer Abubakar Yusuf were not in court to hear this verdict. Lawyer Mohamed Maulid for the petitioner.
Justice Achode upheld Joho’s victory by finding that the petitioner former Senator for Mombasa Hassan Omar had made grand allegations of vote fraud that he had not proved. The judge also made a finding that besides Omar’s allegations being, largely, unproven and minor, the conduct of the poll and its outcome, reflected the will of the democratic majority in Mombasa. She also said it was clear from declared results that Joho’s lead over his challengers was unassailable and that Omar’s claim of voter fraud amounted to hearsay and mere suspicion.
She noted that the alleged vote irregularities raised by Omar were too minor to explain the huge gap of votes which Joho’s 221,774 votes and the petitioner’s got 43,000.
“A gap of 177 390 votes is a huge difference which signifies the will of the people of Mombasa and the irregularities would not influence results,” said Justice Achode,” said Justice Achode.
She also found that the former senator who vied on a Wiper Democratic Movement ticket voted on August 8 and retreated to his house only to emerge afterwards to claim there was ballot stuffing and voter bribery among other allegations he did not see for not visiting any other polling station apart from where he voted.
The celebration which was punctuated with dance and ululation of Joho’s supporters who thronged the court when Justice Lydia Achode dismissed Hassan Omar Hassan’s petition to proceed to the Governor’s office.
During the celebration Nairobi Women Representative Esther Passaris and other opposition MPs like Kisauni’s Ali Mbogo, Likoni’s Mishi Mboko hugged the governor who was, visibly, beaming with joy.
Also in tow were Mombasa Deputy governor Dr William Kingi and former Kisauni MP Rashid Bedzimba.