Joho wins as court throws out Omar petition for lack of proof

Mombasa Governor Hassan celebrates with his supporters after the dismissal of Hassan Omar's petition against his re-election, February 22, 2018. /COURTESY
Mombasa Governor Hassan celebrates with his supporters after the dismissal of Hassan Omar's petition against his re-election, February 22, 2018. /COURTESY

Hassan Omar's petition against Mombasa Governor Hassan Joho's re-election has been dismissed.

Judge Lydia Achode threw out the petition on Thursday saying there wasn't sufficient evidence.

Joho, the IEBC and its officer were awarded Sh8 million.

Judge Achode noted it was Omar's duty to prove the allegations he raised against Joho and the electoral agency.

Omar gave

10 reasons why he wanted the court to cancel the Governor's re-election. They included tampering with ballot boxes, issuance of extra ballot papers, voter bribery and use of public resources.

The judge explained that Omar failed to call the person who witnessed the issuance of extra ballot papers.

She further said the petitioner did not prove that some voters were turned away after time elapsed.

He said officials who testified showed they were granted extra time.

"The petitioner did not prove the case as per the standard. The evidence he adduced before the court is not substantial to warrant a nullification of the election."

Omar had wanted to withdraw the petition saying the court was biased.

In a letter to his lawyer Yusuf Abubakar in January, he said he would not be subjected to a process “which is skewed”.

He also said the process was severely and almost irreparably eroded.

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