Mombasa Governor Ali Hassan Joho in trouble as petition gets nod

By WILLIS OKETCH

Nairobi, Kenya: A High Court judge has upheld a petition filed against Mombasa Governor Ali Hassan Joho.

Joho’s lawyers had wanted the petition, filed by Suleiman Shahbal struck out, arguing that it was filed 34 days after the declaration of the gubernatorial results by the Returning Officer contrary to the Constitution.

However, Justice Fred Ochieng rejected Joho’s application, arguing that throwing out the case would be unfair to the petitioner who had relied on a law enacted by Parliament.

Ochieng accused Parliament of enacting a law that was in conflict with the 2010 Constitution regarding filing of election petitions

“In my opinion if the petition is struck out it is the petitioner who will be punished for following the law which was enacted by Parliament. I therefore recommend that the section (in the IEBC Act) should either be removed by the Act being amended or there should be another referendum to do away with a section of the Constitution (which says that all petitions should be filed within 28 days after the declaration of the results by the Returning Officer.”

Justice Ochieng said Parliament enacted the Independent Electoral and Boundaries Commision  (IEBC) Act allowing petitions to be filed within 28 after the gazzetement of the results.

Lawyer Mohamed Balala, who represented Joho, argued that Shahbal filed his petition 34 days instead of 28 days after declaration of the results by the Returning Officer.

In his petition, Shahbal argues that the IEBC Act allowed him to file a petition within 28 days after the publication of the results in the Kenya Gazette.

Shahbal also argues that the 28 days contained in the Constitution do not apply to his petition.

Ochieng said that based on this law, it would be unfair to shut the doors for Shahbal’s petition. He said the Constitution clearly states that a petition should be filed after the declaration of the results after polls but  added that Parliament went contrary to that.