Former Mombasa Senator Hassan Omar has finally bowed out of his political wars against governor Hassan Joho after he withdrew an election petition appeal.
Omar had appealed a judgment by Judge Lydya Achode which declared Joho as a validly elected governor in the 2017 election.
The former Senator had filed the petition challenging the victory of Joho on the August 8 polls citing irregularities.
However, judge Achode threw out the petition citing lack of sufficient evidence.
The matter was expected to come up for hearing on Monday.
But through a consent signed by both Joho's and Omar's lawyer, the appeal was withdrawn by the three-judge bench.
Omar through his lawyer Yusuf Abubakar said they wished to pursue a prayer for withdrawal that they had requested earlier before judge Achode but was denied.
During the hearing of the petition at the High court, Omar filed to withdraw the petition citing the judge as biased and unfair towards him.
However, the application was denied and the judge directed the matter be heard to the end.
Omar further got a reprieve when appellate judges Alvishram Nassir, Marthan
Koome and Sankale Ole Kantai reduced the cost the High court had awarded to Joho and IEBC.
The High court awarded Joho, IEBC and its officers who were respondents in the petition Sh8 million.
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However, the three-judge bench reduced the cost to Sh 1.5 million.
The appeal has suffered several setbacks since its filing.
One of the three appellate judges Wanjiru Karanja bowed out from hearing the matter.
Wanjiru said he was Joho's neighbour
and
therefore she could not proceed sitting on the bench that will determine the matter.
This was not the second matter judge Karanja had recused herself from.
Earlier, she had withdrawn from hearing an appeal by the director of public prosecution on Joho’s academic papers.
The DPP had appealed Judge Erick Ogola’s decision to shield the governor from investigations on his academic papers which he allegedly forged in order to join the university.
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